KARAMJIT KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has sought issuance of mandamus to the respondents to consider the petitioner for the post of Art and Craft Teacher with a further direction that she be appointed as Art and Craft Teacher from the date candidates lower in merit have been appointed.

(2.) In pursuance to the advertisement (Annexure P-1) petitioner possessing qualification of Art and Craft Teacher Training Course, applied for consideration. Petitioner was interviewed by the District Education Officer on August 28, 1991 and no objection was raised with regard to her qualification. It is subsequently that the selection was quashed by this Hon'ble Court and the matter went to the Supreme Court which was sent back with the directions to consider the claim of those candidates who were selected. It is once again that the petitioner was interviewed on November, 18, 1992 as a scheduled caste candidate and was successful. However, petitioner was denied appointment on the ground that the certificate issued by the Department of Technical and Industrial Training, Punjab is not recognised by the State of Haryana and so her claim though recognised on merits was declined. It is this order which has been assailed by the petitioner on the ground of discrimination and also contrary to the decision of this court wherein it was conceded by the Government counsel that persons possessing the requisite qualification from Punjab will be considered on its merit and persons having already been inducted in the service would be regularised. In addition to it, the petitioner contends that there has been no conscious decision by the respondents by which it can be inferred that Art and Craft Teachers Course from Punjab stands dereconised.

(3.) In pursuance of the notice of motion having been issued by the court, respondents have put in appearance and filed written statement. By way of preliminary objection it has been urged that petitioner has passed her Art and Craft Teacher Training Examination from the Department of Technical Education, Industrial Training, Punjab which is not recognised by the State of Haryana. It has been further stated that the Degrees and Diplomas issued by the other State Governments are governed by the instructions contained in Haryana Government's letter No. 2140-Edu. II(4)-75/77-84 dated 18.3.1975 (Annexure R- 1). It has further been stated that Diplomas issued by other States are recognised on reciprocal basis. Since the certificates issued by the State of Haryana have not been recognised by the Punjab Government, the present certificate possessed by the petitioner has rightly not been considered to be equivalent to the one issued by the Haryana Education Board. On merits, it has been averred that no legal right of the petitioner has been infringed which could entitle her to invoke the extraordinary jurisdiction of this court. As regards the concession given by the counsel in the earlier writ petition, it has been stated that the facts of the case were quite different as in those cases petitioners were already working as ad hoc employees. It was, thus, prayed that the writ petition may be dismissed with costs.