SHEELA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner passed Higher Secondary Examination from Central Board of Secondary Education, New Delhi in the year 1977. Thereafter, she passed J.B.T. (Home Craft) 2 year's course from the Department of Industrial Training, Haryana, in the year 1979. She also passed Diploma in Education (6 month's condensed course) in August, 1987. This certificate is equivalent to J.B.T. Part-II/Diploma in Education Part-II Certificate issued by the Education Department, Haryana.

(2.) Vide advertisement dated 29.7.1991, respondents invited applications for the post of J.B.T. teachers. The qualification prescribed under the advertisement was Matric (full subjects) from Haryana State Education Board, Bhiwani; (ii) passing 2 years of J.B.T. from Haryana Education Department. In response to the advertisement, petitioner having passed Higher Secondary Examination with Hindi, Civics, Economics, Domestic Science and Sanskrit subjects, applied for the post of J.B.T. teacher and she was selected and placed at Sr. No. 131 of the merit list. Candidates who were lower in merit i.e. at Serial Nos. 132 to 135 were appointed but appointment was not given to the petitioner. Petitioner has come to this court through the present writ petition seeking a writ of mandamus directing the respondents to appoint the petitioner from the date persons lower in merit were appointed.

(3.) In reply, the respondents have stated that the name of the petitioner was not recommended as JBT teacher as she did not fulfil the conditions as mentioned in the advertisement. According to the respondents, Government had taken decision on October 20, 1986 that Matric and Higher Secondary were to be taken equivalent provided the candidates had passed with Hindi and Mathematics with 33 per cent marks. In the case of the petitioner, though she had the subject of Hindi but there was no subject of Mathematics and thus certificate of Higher Secondary Examination cannot be taken to be equivalent.