RAJ BALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner qualified from the Varanasi Sanskrit Vishwavidyalay, Varanasi, the Matriculation Examination (Purva Madhyama with English) in First Division in June, 1990. In August, 1990, the Director, Health Services, Haryana invited applications for M.P.W (Female) Training Course for which the requisite qualification was Matriculation. Out of 25 candidates selected for the aforesaid training course, the petitioner was placed at number 15 in order of merit. However, when the training started on 5th November, 1990 at Civil Hospital, Narnaul, the petitioner was not informed about the training, as her candidature was cancelled. The inquiries made by the petitioner revealed that the Matriculation Examination from the Varnasey Sanskrit Vishwavidyalay, Varanasi, was not treated as equivalent to the High School Examination/Matric by the authorities of the Haryana Health Department. Aggrieved by this decision, the petitioner has invoked the writ jurisdiction of this Court, placing reliance on the decision of the Haryana Government itself contanced in letter No. 293-9-Education (4-E)4/22249, communicated by the Commissioner and Secretary to Government, Haryana, Education Department, to all the Heads of Departments, on 9th August, 1974, According to this decision, Purva Madhyama (with English) Examination of Varnasey Sanskrit Vishwavidyalay, Varanasi, was recognised as equivalent to the High School Examination, that is, Matric, for the purpose of employment.

(2.) In the written statement filed on behalf of the respondents, it has been pleaded that the qualification of Purva Madhyama (with English) was recognized as equivalent to High School Examination only for the purpose of employment.

(3.) Having heard the learned counsel for the parties, we find that the plea taken by the respondents is wholly untenable in law. If the qualification of Purva Madhyama (with English) of Varnasey Sanskrit Vishwavidyalay, Varanasi, has been recognised by the State of Haryana as equivalent to the High School Examination for the purpose of employment, then obviously for acquiring the requisite training for the said employment, the same qualification shall have to be recognised as equivalent. The distinction sought to be drawn is non-existent, artificial, hyper-technical and too nice to be countenanced.