The Himachal Pradesh High Court has dismissed a writ petition challenging the educational qualifications prescribed under the 2024 Recruitment and Promotion Rules for appointment to the post of Special Educator (Classes VI to XII).

The Court held that prescribing a minimum requirement of 50% marks in Graduation was neither arbitrary nor unconstitutional and that the employer is within its domain to determine the qualifications required for a particular post. (quote the source paragraph from the judgement)

Division Bench of Justice Ajay Mohan Goel and Justice Yogesh Jaswal observed that “It is the domain of the employer as to what should be the Recruitment and Promotion Rules and what should be the conditions therein including qualifications…The inclusion of qualification of Graduation with at least 50% marks is not such a condition which can be termed as arbitrary and Unconstitutional so as to call for interference by us.”

The petitioner, Som Krishan, challenged the Himachal Pradesh Elementary Education Department's Recruitment and Promotion Rules dated October 10, 2024, governing the appointment of Special Educators for Classes VI to XII.

The Rules prescribed Graduation with at least 50% marks as an essential qualification. The petitioner, who possessed the other prescribed qualifications but had secured less than 50% marks in Graduation, contended that an NCTE notification dated November 13, 2019, permitted candidates to meet the 50% requirement through either Graduation or Post-Graduation.

Having secured more than 50% marks in Post-Graduation, he sought amendment of the Rules and permission to appear in the TET examination.

The High Court held that prescribing 50% marks in Graduation as an essential qualification for Special Educators (Classes VI to XII) was neither arbitrary nor unconstitutional, observing that determining recruitment qualifications falls within the employer's domain.

The Court further held that the NCTE notification dated November 13, 2019, relied upon by the petitioner, did not relate to the post of Special Educator and could not be relied upon to seek amendment of the Recruitment and Promotion Rules.

Noting that the petitioner failed to produce any equivalent NCTE notification applicable to Special Educators, the Court dismissed the writ petition.

Date of Decision: 04.11.2026