SUDHA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has fifed petition seeking issuance of writ of quo warranto for quashing appointment of respondents No. 6 to 9, who have been appointed on the post of JBT teacher. Prayer of the petitioner is that the appointment made pursuant to 02.03.2008 and 12.05.2008 is illegal, arbitrary and against the statutory rules and also in violation of the said requisition of law.

(2.) Noticing the fact in brief, it is seen that respondent No. 5 had invited applications for the post of JBT teacher on 02.03.2008/12.05.2008. The qualifications as mentioned in both the advertisement for the JBT post were as under:-

(3.) The petitioner was possessing qualification relevant for the post of JBT teacher. The petitioner is also M.A. in Economics and having a diploma in Education granted by the Secondary Education Department, Haryana. The petitioner, accordingly, appeared before the Selection Committee. However, she was not selected. The husband of the petitioner applied for information under the RTI Act in regard to the selected candidates. From this, he learnt that selected candidates were having qualification of M.A. B.Ed. The petitioner would make reference to the minimum qualification for appointment to the post of JBT teacher as given in Appendix A and would urge that the appointment of respondents No. 7 to 12 was against the statutory rules issued by the Government of Haryana. The grievance is that the statutory rules do not make any provision for appointment of B.Ed, being a requisite qualification. Submission also is that the B.Ed, is not the higher qualification for the qualification prescribed for the post of JBT teacher.