THE STATE OF HARYANA Vs. SHIV DATT

JUDGEMENT

(1.) This judgment will dispose of Letters Patent Appeal Nos. 328 of 1983 and 756 of 1985, filed by the State of Haryana, as common question of law is involved in both these appeals.

(2.) The stand taken by the respondent in the written statement was that since the petitioner did not fulfil the minimum qualifications, therefore, he could not be regularised. It is not understood as if a J.B.T. teacher the qualifications were only Matric and Diploma in Education, how a person who had qualifications of B.A. B.Ed. was not to be treated as qualified. In fact the petitioner was having higher qualifications. On this basis, the learned Single Judge allowed the writ petition and quashed the termination order. Facts in L.P.A. No. 756 of 1985 :

(3.) The facts in this case are similar to the one in L.P.A. No. 328 of 1983, with the only difference that the learned Single Judge in this case only directed the State Government to consider the case for regularisation of the writ petitioner; whereas in L.P.A. No. 328 of 1983, the relief granted was that the termination order was set aside.