Teaching Certificate Issued By School Principal Cannot Be Ignored Merely Because Appointment Was Without State's Permission: HP High Court

The Himachal Pradesh High Court has held that teaching experience certificates issued by Principals of Government Schools cannot be ignored merely on technical grounds, such as the appointment being made on Parent Teacher Association basis without government permission.Justice Sandeep Sharma noted that “Important factor was possession of teaching certificate, if any, of Government/ Semi Government Organization. Once Principal of Government Senior Secondary School issued certificate, certifying therein that petitioner herein worked in School for more than three years, question of his appointment in school without permission, if any, of government, may not be of any relevance.”In 2017, the state initiated a recruitment process for filling vacant posts of teachers. The petitioner applied for the post; however, her candidature was rejected as the state refused to consider the teaching experience certificate submitted by her.Thereafter, she filed a writ petition before the High Court, contending that she had submitted a certificate issued by the Principal of Government Senior Secondary School, Gumma. The writ petition was allowed, and the state was asked to reconsider the case of the petitioner based on the documents. However, her case was not considered by the authorities, and she again approached the High Court. The petitioner contended that the selection committee's rejection was arbitrary as it was bound to evaluate the certificate issued by the Principal. In response, the State contended that the appointment of the petitioner in the school was without permission of the department on a PTA basis, so no marks could have been granted to the petitioner. Relying on its judgment in Bimla Devi v. State of HP and Ravi Kumar v. State of HP, the court noted that the necessary factor for awarding marks based on a teaching certificate issued by the authority is experience. Thus, the argument that the appointment was made without the permission of the government is not of much relevance. Thereafter, the court directed the state to appoint the petitioner. Case Name: Anand Swarup v/s State of H.P. & Ors. Case No.: CWP No. 229 of 2021Date of Decision: 02.09.2025For the Petitioner: Mr. Tijender Singh, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General, for respondents No.1 to 3/State. Mr. Kashmir Singh Thakur, Senior Advocate with Mr. Abhinandan Thkaur, Advocate, for respondent No.3. Mr. Narender Kumar, Superintendant Grade-II, o/o Deput Director of Elementary Education,Shimla, District Shimla, Himachal Pradesh, present with records.Click Here To Read/Download Order

Teaching Certificate Issued By School Principal Cannot Be Ignored Merely Because Appointment Was Without State's Permission: HP High Court

Mehak Aggarwal

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