HANS RAJ KHOLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed as Physical Training Instructor on ad hoc basis on 28.2.1982. He was having qualification of Matric, B.A. and diploma in Physical Education. The qualification required for the post was Matric and a certificate in Physical Education. Petitioner apprehended that the respondents would terminated his services because the qualification possessed by the petitioner, though higher than the qualification required for the post yet was not the same as required. Hence, he filed this writ petition with a prayer that :

(2.) At the time of arguments, learned counsel for the petitioner has insisted for a direction to the respondent to consider that he was eligible for the post of PTI though he had higher qualification.

(3.) Counsel for the respondent argued that the qualification of Diploma in Physical Education is not higher qualification than a certificate in Physical Education. He also argued that according to the judgment of the Full Bench in case of Som Dutt v. State of Haryana,1983 3 SLR 141, the unprescribed equivalent or higher academic qualifications cannot be more advantageous for the peculiar needs of a post for which the employer has prescribed lower qualification.