SMT. AMARJIT KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) On February 8, 1991 the petitioner who is working as a teacher, approached this court with a prayer that the Department of Education be directed to release the 'grant' for her post and to regularise her services. On February 19, 1991, her services were terminated. She, consequently, amended this petition to impugn the action of the respondents in terminating her services. A few facts may be noticed.

(2.) Shri Guru Hargobind Sahib High School, Ambala City (hereinafter referred to as the School), issued an advertisement inviting applications for the post of a teacher in Hindi. According to this advertisement, a person with Prabhakar and Oriental Training was eligible for appointment. It was also provided that MA. in Hindi with Degree of Bachelor of Education can also apply. The petitioner who possesses the qualification of M.A. in Hindi and Bachelor of Education, applied for the post. She was selected and appointed. She joined duty on April 21, 1987. Upto February 28, 1989, the Department of Education continued to release the aid in respect of the post held by the petitioner. However, with effect from March 1, 1989, the said was not released. When in spite of repeated requests by the School as well as the petitioner, the department did not release the aid, the petitioner approached this Court. The petitioner avers that soon after the filing of this writ petition, her services were terminated vide letter dated February 19,1991 on the ground that it was not possible to get her appointment approved from the Government.' Accordingly, the petitioner has amended the petition and challenged the order dated February 19,1991 by which her services have been terminated.

(3.) In the written statement filed on behalf of the respondents, it has been inter alia averred that "the post of Hindi Teacher is governed by Haryana Education Service Class III School Cadre Rules, 1955 and the qualification prescribed for the post of Hindi teacher in the said rule is.....Prabhakar O.T. from any institution in Haryana or its equivalent. As the petitioner does not possess" the requisite qualification, and, thus, she is not eligible for the post of Hindi O.T." On these premises, it is claimed that the petitioner's appointment could not be approved. It has been admitted that the petitioner had passed examinations leading to Degrees of M.A. in Hindi and Bachelor of Education. Reference has also been made to the instructions issued vide letter dated March 27, 1985 to point out that "no person who does not fulfil the prescribed qualification shall be appointed to a post without obtaining prior permission from the Department." Alongwith the written statement, a copy of the advertisement issued by the Institution on September 4, 1986 for appointment of Hindi Teacher has been produced as Annexure R-I. Further more, a copy of the letter dated January 9, 1991 issued by the Director of Secondary Education to the District Education Officer informing him that it is not possible to approve the petitioner's appointment has been produced as Annexure R-2/2. It has also been observed in this letter that the Institution be advised to appoint a candidate fulfilling the qualifications prescribed under the 'Security of Services Act, 1974.'