PURAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution, the short prayer made is that Note (ii) in Appendix 'B' of the Haryana Primary Education (Group -C) District Cadre Service Rules, 1994 (for brevity, 'the Rules') may be declared ultra vires of Articles Hand 16 of the Constitution because it permits the candidate with higher qualification such as B.A., B.Sc. and B.Ed., to be considered for appointment to the post of Junior Basic Trained Teachers. A consequential prayer has also been made for quashing advertisement dated 22.12.1994 (P -3), which stipulate in accordance with Note (ii) that if adequate number of candidates possessing the qualification of J.B.T. Teachers were not available then the posts could be filled CWP No. 1046 of 1995 (O & M) up from those who have qualification of B.A., B.Ed. or B.Sc., B.Ed. The aforesaid clause reads as under: -

(2.) THE petitioners have claimed that earlier the conditions of service of Junior Basic Trained Teachers in the Education Department, Haryana were governed by the rules known as 'the Punjab Education Service Class -Ill (School Cadre) Rules, 1955. Under the said rules, the prescribed qualification for the post of Junior Basic Trained Teachers was as under:

(3.) ON 16.9.1994, the State of Haryana under proviso to Article 309 of the Constitution framed 'the Rules'. Rule 7 of 'the Rules' prescribes that no person would be appointed to any post in Service unless he is in possession of qualifications and experience specified in column 3 of Appendix B of the Rules in the case of direct recruitment and those specified in column 4 of the said Appendix in the case of appointment other than by direct recruitment. The relevant entry of Appendix -B reads thus: