Scheme is concerned, same was notified as early as on 27-8-2003. As is evident from the Scheme itself, the object of the Scheme appears to be to compulsorily enrol children in schools for elementary and primary education in the remote areas to achieve the goals as set by the Government while enacting the Himachal Pradesh Compulsory Primary Education Act, 1997 with a view to achieve the target of 100% enrolment to children. As per the Scheme, the eligibility was 10+2 from a recognised Board/University and the candidates with higher qualifications were also eligible and candidates with professional qualifications were to be preferred. As per the regular Recruitment Rules the requisite qualification for the post of JBT Teacher during the relevant time was 10+2 with 50% marks and JBT certificate. As submitted by the learned Senior Counsel appearing for the State that initially though 3500 odd Teachers were appointed, as of now there are only a total of 3294 Teachers working in this category and out of this about 1866 had the qualification of 10+2 with more than 50% marks at the relevant point of engagement. Out of the balance, 1015 had 10+2 with less than 50% marks, but they had higher qualification such as BA/MA/M Sc or B Ed, etc. Further, it is also brought to our notice that out of all the candidates, 3294 candidates who are presently working have acquired the professional qualification of diploma in elementary education or have undergone Professional Development Programme for Elementary Teachers. In that view of the matter, we are of the view that when the appointees appointed under the scheme have completed more than almost 15 years of service now and also have acquired the professional qualifications, they cannot be denied regularisation at this point of time. As the appointments were made as per the schemes notified by the Government such appointments cannot be treated as illegal, if at all they can be considered irregular. When it is the plea of the State that in view of the hard topography/tribal areas in the State, large number of vacancies were there even in single teacher schools and to achieve the object of the Himachal Pradesh Primary Education Act, 1997 such steps were taken, there is no reason to disbelieve the same, more so, in absence of any affidavit by way of rejoinder by the writ petitioners before the High Court controverting the allegations in the reply filed on behalf of the State.
