IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 6811 of 2011 Decided on: 23rd August, 2011. Sunila Kumari. …Petitioner. Versus Principal Secretary (Elementary Education) & others. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Surinder Singh, Judge. For the petitioner : Ms. Sumar Thakur, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, DAG. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers: “(i) To fill up the posts of Language Teacher with equal preference as (50% each) per old and new R & P Rules. (ii) That the Respondent No. 3 may kindly be directed to call for the interview the candidates with Language Teacher (L.T.) eligible upto 2010.” 2. Qualification for appointment to the post of Language Teacher as per amendment of 2010 is B.A. with Hindi. However, the stand of the department is that those vacancies which arose prior to the amendment will be filled up as per the un-amended rules with opportunity for those candidates to acquire the prescribed qualification within the stipulated time. The petitioner is qualified as per the un-amended rules. She apprehends that she will not be called for her 2 batch-wise recruitment. There is no dispute that 50% of the vacancies are to be filled up by batch-wise recruitment. In respect of those 50% of the vacancies, the candidates who are qualified as per the un-amended rules are to be considered in respect of the vacancies which arose prior to the amendment. The petitioner is apprehending that the people who are qualified with B.A. Hindi will be considered in respect of the batch-wise recruitment and the petitioner, who is qualified as per the un-amended rules, will not be considered at all. We do not find any basis for such apprehension. As already stated above, 50% of the vacancies are to be filled up by batch-wise recruitment. Among the 50% of the vacancies, those vacancies which arose prior to the amendment of the Rules, are to be filled up by those persons who are qualified by the un-amended Rules only. In that process, candidates will have to wait for their turn. 3. Needless also to say that in case sufficient number of candidates are not available as per the un-amended Rules, in view of the relaxation said to have been given by the Government, the petitioner in her turn will also be considered. 4. The writ petition is disposed of, so also the pending application (s), if any. (Justice Kurian Joseph), Chief Justice 23rd August, 2011. (Justice Surinder Singh), (tr) Judge. 3