ARCHANA KUMARI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The challenge in the present writ petition is to the essential qualifications prescribed for Post Graduate Teacher (for short 'PGT') Computer Science wherein only M.Sc. Computer Science/Master in Computer Applications (for short 'MCA' through regular course are made eligible for consideration for appointment as prescribed in Appendix B of Haryana State Education School Cadre (Group-B) Service Rules, 2012 (for short 'the Rules').

(2.) The petitioner has obtained MCA or M.Sc. Computer Science through Distance Education Mode from Maharshi Dayanand University, Rohtak. Haryana Staff Selection Commission vide advertisement on 05.07.2015 invited applications for 446 posts of PGT Computer Science. Such post is governed by statutory Rules called 'The Haryana State Education School Cadre (Group-B) Service Rules, 2012'. Rule 9 of the Rules contemplates that PGT Computer Science are to be appointed by direct recruitment on contract basis or by transfer or deputation of an official already in service of any State Government or Government of India. The relevant extract from the Rules, reads as under:-

(3.) The grievance of the petitioner is that the petitioner is qualified degree holder in M.Sc. Computer Science or MCA but she has obtained the degree from distance education mode. A degree obtained from distance education mode is at par with the degree obtained through regular mode i.e. by attending classes and cannot be differentiated only on the basis of medium of instructions i.e. by attending class-rooms or by distance education.