SATYAWATI DEVI Vs. GENERAL MANAGER ORDNANCE FACTORY GHAZIABAD

JUDGEMENT

(1.) O. K. Seth, J. It is alleged that pur suant to advertisement the petitioner having applied for being appointed on the post of teacher in the Ordnance Factory Intermediate College, Moradnagar, Ghaziabad. She was selected and placed at serial No. 1 on the merit list. Though per sons who were below in the merit list have been given appointment and petitioner's case was ignored. On inquiry she came to learn that she was not given appointment pursuant to certain direction issued from the head quarters. Being aggrieved she has moved writ petition praying for appropriate relief as quoted below:- " (i) Issue a writ certiorari, order or direc tion in the nature of certiorari quashing the order dated 11-10- 94 passed by respondent No. 1 (Annexure 16'); (ii) Issue a writ of mandamus, order or direction in the nature of mandamus directing the respondents to appoint the petitioner on the post of Assistant Teacher (Hindi, Sanskrit) in Ordnance Factory Intermediate College, Morad' nagar in pursuance of the selection held on 2-9-1994. "

(2.) IN the counter-affidavit the case has been made out that the petitioner is in eligible because she lacked minimum requi site qualification inasmuch as in view of clarification issued by the Director General, Ordnance Factories dated 29-10-90 two years experience includes only that part of experience which has followed after the ac quisition of minimum qualification namely, BA. and B. E. D. and any experience acquired before acquiring relevant qualification can not be considered. Therefore, the petitioner when found not possessed of requisite mini mum qualification with regard to two years teaching experience after acquisition of B. ED. degree she is ineligible and cannot be given appointment though selected by the selection committee.

(3.) HAVING heard learned counsel for the petitioner it appears that qualification has been laid down in annexure I prescribed B. A. as first and B. ED. as second qualifica tion while third qualification is prescribed as two years teaching experience in recog nised school. The said qualification are quoted below:- "i" Essential 1. B. A. B. Sc. in the subject concerned from recognised University. 2. A Degree or Post Graduate Diploma in leaching/education. 3. At least 2 years teaching experience in a recognised school. II. DESIRABLe Competence to teach both in English and Regional language. "