Photo used for indicative purpose only
Shimla, April 30
Himachal Pradesh High court dismissed a batch of civil writ petitions filed by the Joint Teachers Front of Himachal and other petitioners challenging the state government’s policy on recruitment and deployment of teachers in CBSE-affiliated government schools.
The petitions primarily questioned the legality of the state’s “Scheme for CBSE Affiliated Schools of Excellence” and its sub-scheme providing for creation of a separate sub-cadre of teachers.
The petitioners had opposed the provision mandating a written entrance test and counselling process for in-service teachers seeking deployment in CBSE-affiliated schools, terming it arbitrary and discriminatory.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma, in its detailed judgment delivered on April 29, upheld the policy framework introduced by the state government. The court observed that the creation of a separate sub-cadre and the process of selection through a competitive examination cannot be termed arbitrary or contrary to law.
Rejecting the plea of the petitioners, the bench held that the state is well within its executive powers to frame such policies in the absence of any conflicting legislation.
Himachal Teachers Screening Test CBSE Case: Government policy on CBSE shift faces legal heat
It further ruled that prescribing eligibility criteria, including written tests and counselling for selection of teachers, is a reasonable and transparent method aimed at ensuring merit-based appointments.
The court also noted that the scheme aligns with the objectives of the National Education Policy, 2020, and is intended to improve the quality of education by upgrading government schools to CBSE standards. It emphasized that such policy decisions, taken in public interest, do not warrant judicial interference unless proven unconstitutional.
With these observations, the High Court declined to interfere with the state government’s decision and dismissed the petitions, clearing the way for implementation of the scheme and continuation of the teacher selection process in CBSE-affiliated schools across Himachal Pradesh.
About the Author
