TARLOK CHAND Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Tarlok Chand-petitioner, a resident of district Yamuna Nagar, Haryana, did his Parbhakar from Panjabi University, Patiala, and qualified the Shiksha Visharad Examination held by Hindi Sahitya Samelan Prayag in the year 1986. In response to advertisement published on August 2, 1991, he applied for the post of Hindi teacher for district Yamuna Nagar. 143 vacancies for Hindi teachers were advertised, out of which 29 were for Ambala/Yamuna Nagar District. Out of 29 posts, 20 were meant for male teachers. The advertisement prescribed the following qualifications for the post of Hindi teacher:

(2.) On notice of motion, written statement has been filed on behalf of the respondents, inter alia, asserting that as per instructions dated March 18, 1975, (Annexure R/l), the degrees or diplomas issued by the other States are recognised on reciprocal basis. Such like certificates issued by the Punjab and Uttar Pradesh Governments were not recognised by the State of Haryana and on this ground the petitioner was not entitled to the post. Reliance was placed on the instructions dated March 18, 1975 (Annexure R/1).

(3.) On behalf of the State, reliance was placed on the Full Bench decision in Som Dutt vs. State of Haryana and another,1983 3 SLR 141, wherein it was held that unprescribed equivalent or higher academic qualifications cannot be taken into account. The aforesaid judgment is not helpful to the State in the present case as subsequently when cases came up before this Court, it was conceded on behalf of the State of Haryana that in respect of appointments already made, the State was not going to terminate the services of such employees on the aforesaid ground. Thus, it was concluded by the Division Bench of this Court in Civil Writ Petition No. 4038 of 1984, decided on January 23, 1985, that the qualifications (LTC) from the other States stood recognized by the State of Haryana and the services of Hindi teacher (Sachida Nand Vashista) were required to be regularised. Annexure P/3 is the judgment in the aforesaid case The matter was again considered by the Single Bench in Sharanjit vs. State of Haryana and others,1991 3 RSJ 443, holding that Oriental Training certificates issued by the other States stood recognised by the Haryana Government. It was arbitrary act of the State of Haryana not to consider candidates possessing such certificate in the matter of appointment. In Civil Writ Petition No. 4799 of 1993 (Karamjit Kaur vs. State of Haryana and others), the decision in Sharanjit's case aforesaid was relied upon and the action of the State of Haryana was held to be arbitrary, more so when it was conceded that Sharanjit's case was not appealed.