MULTAN; CHARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Whether the petitioners, who possess the qualifications of Diploma in Physical Education (D.P.Ed.) and Degrees of Bachelor of Physical Education (B.P.Ed.) and Master of Physical Education (M.P.Ed.) are eligible for appointment as Physical Training Instructor (P.T.I.) under the Haryana State Education School Cadre (Group 'C') Rules, 1998 (for short, 'the 1998 Rules') and the decision of the Haryana Staff Selection Commission (for short, 'the Commission') not to entertain their candidature is legally unsustainable are the questions which arise for determination in these petitions.

(2.) The petitioners possess the qualifications of D.P.Ed./B.P.Ed./M.P.Ed. In response to advertisement No. 7 of 2003 issued by the Commission, they applied for recruitment as P.T.Is. for which the essential qualifications were :

(3.) Dharmender Singh and 16 others filed C.W.P. No. 19739 of 2003 questioning the decision of the Commission. The same was disposed of by a Division Bench of this Court on 18.12.2003 by directing the Commission to decide their representation. In compliance of the Court's order, the Commission reconsidered the issue, but reiterated its decision that the petitioners were not eligible to be considered for recruitment as P.T.Is. This is clearly borne out from memo No. 1/8/2004/18/229 dated 5.2.2004 (marked as Annexure P.6 in C.W.P. No. 4538 of 2004 - Dharmender Singh and 13 others v. State of Haryana and others) sent to their advocate. The same reads as under :