IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP-T No. 2868/2008 Decided on:10.8.2010 _____________________________________________ Himachal Pradesh Science Master’s Association, District Kangra and others. …Petitioners. Versus State of Himachal Pradesh and another. …Respondents. _______________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the petitioners : Nemo. For the Respondents: Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. P.M. Negi, Dy. Advocate General and Mr. R.P. Singh, Asstt. Advocate General. ____________________________________________________ Rajiv Sharma, Judge (oral). Petition has been filed for the following main reliefs: i) That the order dated 5.4.1994, Annexure A-1, vide which the Lecturers have been promoted to Class-II posts be set aside and the respondents be directed not to appoint these Lecturers as Headmasters/Headmistresses in Government High Schools and the posts of Headmasters be declared vacant where these Lecturers have been appointed. ii) That the Rules, 1990, Annexure A-3, which never remained in practice up till 1993, be declared illegal, unconstitutional and the same may please be set aside and the respondents be directed to amend/modify these 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 Rules in accordance with the Rules, 1968, Rules, 1963 and rules prior to these Rules. iii) That the combined Seniority list, Annexure A-2, be quashed/set aside by directing the respondents to delete the names of Lecturers from it and to circulate a new seniority list of Class-II Officers of the School and Inspection Cadre which includes post graduate teachers and trained graduates in the Selection Grade with 5 years service in the respective grade. And the respondents be directed to properly distribute the posts as per the strength of the cadre and in accordance with the procedure as has been mentioned in the facts of the case and the irregularity committed in distributing the promotional posts from 7.6.1990 to 31.7.1992 be directed to be rectified. iv) That all the mistakes committed by the respondents by promoting the Lecturers to the posts which were meant for the post graduate and trained graduate teachers be rectified by removing the Lecturers from these posts and appointing the post graduate and trained graduate teachers on these posts as per Rules, 1968 and 1963 and prior to this.” 2. The fact of the matter is that petitioners are seeking quashing of promotions of Lecturers (School Cadre) to Class-II posts made vide Annexure A-1 dated 5.4.1994. The incumbents, who already stood promoted, have not been arrayed as party- respondents. 3. Consequently, the petition is dismissed for non- joinder of necessary parties. There shall, however, be no order as to costs. (Rajiv Sharma), Judge 10.8.2010 *awasthi*