SATBIR SINGH SAHRAWAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has approached this Court praying for quashing of the order dated 19.08.2010 (Annexure P-2) vide which his appointment as Guest Faculty Hindi Lecturer (School Cadre) was cancelled on the ground that he had obtained M.A. Degree in Hindi on the basis of Parbhakar and did not possess the qualification of B.A. prior to passing his M.A. Challenge has also been raised to the relieving order dated 23.08.2010 (Annexure P-3), vide which, on the basis of order dated 19.08.2010, he had been relieved from the School. Counsel for the petitioner contends that as per the statutory Rules, the eligibility for appointment to the post of Hindi Lecturer (School Cadre) is M.A. Hindi with at least 50% marks from recognized University. Petitioner possesses the said qualification from Karnataka State Open University. Petitioner having possessed the said qualification was found eligible for appointment and was appointed as Guest Faculty Lecturer in Hindi on 21.12.2005 and was permitted to join as such. He continued to serve the respondents till order dated 19.08.2010 has been passed. Petitioner was ordered to be relieved vide order dated 19.08.2010 and was relieved on 23.08.2010. He contends that the basis for relieving the petitioner from service is not as per the statutory Rules and the requirements, which have been imposed upon the petitioner by the respondents, are alien to the statutory Rules and cannot be made the basis for not allowing the petitioner to continue. Accordingly, he contends that the impugned orders deserve to be quashed and the writ petition be allowed.

(2.) On the other hand, counsel for the respondents submits that the M.A. Degree obtained by the petitioner after passing Parbhakar and not having obtained the same after acquiring B.A. degree does not entitle him to appointment to the post of Lecturer in School Cadre. Reliance in this regard has been placed upon an information received under the Right to Information Act, 2005 from the Kurukshetra University, Kurukshetra dated 07.03.2007, according to which, Parbhakar is not equivalent to B.A. and a candidate who had passed M.A. Hindi on the basis of Parbhakar is not eligible for the post of, Lecturer/Assistant Registrar. Counsel has pressed this aspect before this Court.

(3.) On 13.03.2012, when the case was taken up for hearing, a direction was issued to the State counsel to seek specific instructions and a certificate from the Kurukshetra-University, Kurukshetra with regard to the eligibility of a candidate who has passed M.A. (Hindi) on the basis of Parbhakar for appointment to the post of Lecturer in Hindi in school cadre. In pursuance to the said order passed by this Court, an affidavit dated 04.05.2012 of Sh. Sadhu Ram Rohilla, District Education Officer, Jind, has been filed in Court along with which the information received from the Assistant Registrar (Academic), Kurukshetra University, Kurukshetra dated 02.05.2012 (Annexure R-1) has been appended, wherein information has been supplied that a candidate is not eligible for admission to M.A. (Hindi) on the basis of Parbhakar and a candidate, who had passed M.A. (Hindi) on the basis of Parbhakar, is not eligible for admission in M. Phil Hindi and for registration to Ph.D. Course. He is also not eligible for the post of Lecturer/Assistant Professor in the University. Counsel for the respondents, on the basis of this information, again prays that the petitioner has been rightly relieved by the respondents from the post of Guest Faculty Lecturer in Hindi.