The Himachal Pradesh High Court has dismissed a writ petition challenging the minimum 50% graduation marks requirement for recruitment to the post of Special Educator for Classes VI to XII. The Division Bench of Justice Ajay Mohan Goel and Justice Yogesh Jaswal held that prescribing educational qualifications falls within the employer's domain and that the eligibility condition cannot be treated as arbitrary merely because a candidate does not fulfil it.
Background
The petitioner, Som Krishan, challenged the Recruitment and Promotion Rules notified on October 10, 2024, for Special Educators in Himachal Pradesh.
Under the rules, candidates must possess graduation with at least 50% marks, along with the prescribed special education qualifications and Teacher Eligibility Test (TET).
Although the petitioner possessed the other prescribed qualifications, he had not secured 50% marks in graduation. He argued that an NCTE notification dated November 13, 2019, permitted the required 50% marks to be obtained either in graduation or post-graduation. Since he had secured more than 50% marks in his post-graduation, he sought amendment of the recruitment rules.
The State opposed the petition, arguing that the NCTE notification relied upon by the petitioner did not concern Special Educators.
The Bench also distinguished between recruitment rules for Special Educators teaching pre-primary to Class V and those teaching Classes VI to XII.
The Court observed:
"In this backdrop, in light of the fact 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, according to us, 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. Simply because the petitioner does not possess 50% marks in Graduation, the same does not mean that the Rules are or condition is ultra vires."
The Bench further held:
"That being the case, the petitioner cannot place any reliance on the said instructions."
The Court noted that the petitioner had failed to produce any NCTE notification prescribing similar eligibility provisions specifically for Special Educators.
Finding no merit in the petition, the High Court dismissed the writ petition along with pending miscellaneous applications.
Case Details:
Case Title: Som Krishan v. State of H.P. and Others
Case Number: CWP No. 6967 of 2025
Judge: Justice Ajay Mohan Goel and Justice Yogesh Jaswal
Decision Date: 04 November 2026
