CWP(T) No. 5073/2008 19.07.2010 Present: Mr. D. P. Gupta, Advocate with Mr. Yudhvir Singh Thakur, Advocate, for the petitioners. Mr. Ram Murti Bisht, Dy. A.G. for the respondents In this petition the petitioners have prayed for the following relief:- “(i) That condition No. (iii) of order dated October 31, 1995 (Annexure A-3) may be declared illegal and inoperative. The respondents may be directed to release arrears of annual increments with further direction that the applicants be paid increments in future without insisting upon their passing BA English Examination. (ii) That respondents may be directed to produce the entire records pertaining to the case, including the reasons recorded by respondent No.2 while granting the relaxation to five categories of teachers mentioned in para 6(iv) above.” 2. In terms of Office Order dated October 31, 1995 (Annexure A- 3), it has been notified that such of those persons who have not passed BA in English as one of the elective subjects, shall not be entitled increments till such time they qualify themselves in English. 3. Admittedly, petitioners have been regularized as teachers. Pursuant to the orders passed by this Court, the Principal Secretary (Education) has filed an affidavit, inter alia stating as under:- “That the TGTs in the department are appointed to teach the classes from VIth to Xth. The TGT Arts teach subjects like English, Social Science and Urdu etc. Thus, it is necessary for the TGT Arts to have studied these subjects at the degree level and possess fair knowledge of these subjects. It is relevant to point out here that how can we expect a teacher to teach the subject of English effectively upto Xth standard when he himself has not studied the subject at degree level. This was the basis of imposition of the condition of having passed B.A. with English as one of the subjects and it was applied in all such cases. To meet this requirement specific provisions have been made under Col. No. 8 of the concerned R&P rules which reads as follows: “Essential: Graduate (in the subjects concerned) of a recognized university with post graduate degree/ Diploma in teaching/education.” III. That the petitioner was initially appointed on ad-hoc/tenure basis. The Government decided to regularize the teachers/ Asstt. Librarian working in the Department with the following condition: “They must possess the essential educational qualification i.e both academic and professional and should be within the age limits as prescribed in the Recruitment and Promotion Rules at the time of appointment.” Some of the teachers did not fulfill the requirement of the R&P Rules. Taking a lenient view in such cases one time exemption was permitted in such cases. The petitioner was also not eligible for the post of TGT (Arts) so far as he had not passed B.A. with English as one of the subject. Still his services were regularized with the condition that those teachers who had not passed B.A. with English as their subject, they shall not be released increments till they qualify B.A. English only.,” 4. There is no dispute that the petitioners are required to teach English as a subject in the school. Consequently, there is nothing wrong with the condition imposed by the respondents-State. I find no merit in the present petition. The same is consequently dismissed. ( Sanjay Karol ), Judge. July 19, 2010 (rana)