GHASI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court praying for quashing of the order dated 06.07.2011 (Anneuxre P -10) passed by the respondent vide which despite recommendation dated 27.10.2010 (Annexure P -9) made by the Haryana Staff Selection Commission (for short 'the Commission') for appointment of the petitioner to the post of Principal, HES -II, the claim was rejected on the ground that the petitioner does not fulfill the eight years' teaching experience as Lecturer with effect from 2003 i.e. the date of passing of the post -graduation (M.A. in English) with 50% marks nor two years' experience as Lecturer upto 27.02.2008 i.e. date of issuance of letter from Financial Commissioner and Principal Secretary, Govt. of Haryana, Industrial Training and Vocational Education Department changing the nomenclature of Language Teacher in English and Hindi to Lecturer in English and Hindi, while applying for the post of Principal on 03.07.2007. Briefly, the facts are that the petitioner was appointed as a Language Teacher in English in the Department of Industrial Training & Vocational Education, Haryana, on ad hoc basis on 19.11.2007. He was regularized on the said post as such with effect from 01.10.2003. Language Teacher in Vocational Education, Haryana, teaches the subject of English and Hindi to the students of 10+1 and 10+2 in the vocational institutions. They sought parity for being treated as Lecturers making them eligible for the grant of the same pay scale. The Hon'ble Supreme Court vide its judgment dated 09.05.1997 (Annexure P -2) in Civil Appeal No.2450 of 1995, titled 'State of Haryana & another Vs. Ram Chander & another', held that Vocational Masters of technical institutes entitled to the same benefit as Lecturers in the Education Department as they were able to establish equal quality and quantity of work carried out by them. In any case, vide instructions dated 19.03.1998 (Anneuxre P -3) Government of Haryana, Department of Education, took a decision that since the Language Teachers working in Vocational Educational Institutes having 50% marks in M.A./M.Sc. are having similar qualifications as prescribed for Lecturers they may be treated at par with Lecturers for the purpose of eligibility for direct recruitment to the post of Principal of Senior Secondary Schools. This made the petitioner eligible for consideration for appointment of the post of Principal since he had passed his M.A. second time with more than 50% marks on 15.06.2003.

(2.) AN advertisement dated 21.06.2007 issued by the Haryana Staff Selection Commission inviting the applications for appointment to the 17 posts of Principals (HES -II) for the Backward Class category. Petitioner belongs to the Backward Class category and he applied in pursuance to the said advertisement for appointment to the post of Principal.

(3.) THE claim of the petitioner was rejected by the respondents on the ground that he was not eligible for appointment to the post which action of the respondents was challenged by the petitioner by filing CWP No. 5821 of 2008 along with one Shiv Kumar. The said writ petition was disposed of by this Court vide order dated 19.08.2009 in the same terms as the order passed in CWP No.2981 of 2009 titled 'Rajbala and others Vs. The State of Haryana and another' decided on 23.07.2009. In Rajbala and others' case this Court observed 'since the petitioners have already been interviewed and their result have been kept in sealed cover, the writ petitions were disposed of with the direction to deal with the result after the decision of LPA No.725 of 2009 titled 'State of Haryana and another Vs. Rajinder Sharma' where similar claim as made by the petitioner had been accepted by the learned Single Judge pending in appeal before the Division Bench.