State executive power encompasses creating dedicated sub-cadres and merit-based selection criteria for government employees.

The State of Himachal Pradesh notified the “Scheme for CBSE Affiliated Schools of Excellence” on 19.01.2026 to upgrade government schools in line with the National Education Policy 2020

A "Sub-Scheme" was introduced to create a dedicated sub-cadre of teachers for these CBSE-affiliated schools

Para 5.5 of this Sub-Scheme mandated that in-service teachers (under 55 years of age) undergo a competitive written test and counseling for selection and deployment to these schools

Petitioners, representing various teacher associations, challenged the creation of this sub-cadre and the requirement for veteran in-service teachers to face a new selection test, alleging it created an illegal "class within a class" and violated service conditions

1. Whether the State Executive has the competence to create a sub-cadre and prescribe selection criteria for in-service teachers in the absence of specific legislation

2. Whether the creation of a sub-cadre for CBSE Schools and the exclusion of teachers with less than three years of service or specific subjects (Math/English) constitutes an arbitrary "class within a class"

3. Whether the requirement for in-service teachers to undergo a written test for deployment is arbitrary or illegal

Article 162 of the Constitution of India, which extends the executive power of the State to matters where the State Legislature has the power to make laws (Entry 25, List III), provided such action does not infringe upon existing statutes

The executive can act without prior legislation (Ram Jawaya Kapur v. State of Punjab)

The State’s exclusive discretion to restructure cadres and prescribe qualifications for administrative efficiency (P.U. Joshi v. Accountant General)

The "twin test" of Article 14 was applied to determine if the classification had a reasonable rationale and a nexus to the objective of educational excellence

The Court reasoned that since neither Parliament nor the State Legislature had enacted laws governing the staffing of CBSE-affiliated government schools, the State was competent to fill this legal vacuum through executive policy

The court found that the "Sub-Scheme" did not violate the rights of the teachers because their lien and seniority in their parent cadres were expressly protected by the 23.02.2026 notification

The classification of a sub-cadre was deemed reasonable as it sought to achieve "stability, specialization, and continuity" required for CBSE standards

The written test was upheld as a transparent, merit-based mechanism to avoid "pick and choose" favoritism among 59,443 teachers for limited positions

Regarding the age cutoff (55 years) and subject exclusions (Math/English), the Court held these were policy decisions based on valid rationales—ensuring a minimum tenure for continuity and seeking higher qualifications for core subjects, respectively

The Court held that the State has the absolute right to devise selection procedures for deployment to improve administrative and educational efficiency

The Court vacated the interim stay and directed the State Authorities to proceed with declaring the results of the screening test held on 05.03.2026 and to continue the counseling process