PRABAL JYOTI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court praying for a writ of Mandamus directing the respondents to consider the candidature of the petitioner for the post of Lecturer, College cadre HES-II (Group B) in the Haryana Education Department because in spite of the fact that she had cleared the screening test, she has not been called for interview on the ground that she has passed her M.Sc. in Industrial Economics whereas the requirement for selection, as per the advertisement is M.A. Economics.

(2.) It is the contention of the counsel for the petitioner that as per the advertisement which has been issued by the respondent-Commission, the eligibility for consideration of a candidate to be appointed as a Lecturer is a good academic record with at least 55% marks in Masters' degree in the relevant subject from an Indian University or an equivalent degree from a Foreign University. The petitioner has been discriminated on the ground that equivalence of a degree from the Foreign University has been recognized whereas the same benefit has not been granted to the candidates who had obtained Masters' degree from an Indian University. His contention is that the degree of M.Sc., Industrial Economics which the petitioner possesses, is equivalent to M.A. Economics and for this, reliance has been placed by the counsel for the petitioner on a communication dated 26.9.2011 (Annexure P-12) received from the Guru Nanak Dev University.

(3.) Apart from this, it is the contention of the counsel for the petitioner that the petitioner fulfils the requirement of the advertisement and, therefore, non-consideration of the candidature of the petitioner for the said post and declining her an opportunity of appearing in the interview is not in consonance with the principles of natural justice. Denial of this benefit to the petitioner itself cannot sustain. It is further contended by the counsel for the petitioner that similarly placed candidates like the petitioner, had earlier been considered eligible for appointment to the post of Lecturer in Economics and have been, as a matter of fact, selected and appointed and denial of such benefit to the petitioner would amount to violation of Article 14 of the Constitution of India. Accordingly, he prays that the present writ petition be allowed.