SANJIT Vs. STATE OF HARYANA ORS.

JUDGEMENT

(1.) The petitioner, who was an applicant for the post of Conductor in pursuance to advertisement No.3 of 2009 dated 28.2.2009 has approached this Court impugning the communication dated 20.11.2012 (Annexure P- 10), whereby, his candidature was cancelled on the ground that he was not qualified for the post.

(2.) Learned counsel for the petitioner submitted that the Haryana Staff Selection Commission (for short "the Commission") issued advertisement No.3 of 2009 dated 28.2.2009 inviting applications for 2480 posts of Conductor. The last date for submission of applications was 27.3.2009. Essential qualification required was matriculation with Hindi or Sanskrit and a valid conductor's licence on cut off date. The petitioner being eligible having passed his secondary school examination from National Open School, New Delhi in the year 1997, applied for the post. The petitioner also had conductor's licence issued in his favour by the Licensing Authority, Rohtak on 10.6.2006, which was initially valid upto 15.6.2009, thereafter upto 15.6.2014. In the process of selection, written test was conducted, which the petitioner passed. The petitioner was also issued interview letter and was asked to appear before the Interview Committee on 27.4.2011 at Ambala. The result was declared on 1.2.2012, however, the petitioner was surprised not to find his roll number in the result sheet. To find out the reason, the petitioner filed an application under Right to Information Act, 2005 dated 22.6.2012. The same was replied to vide communication dated 2.7.2012 stating that the candidature of the petitioner was rejected by the Commission, however, no ground was mentioned. On further enquiry, the petitioner came to know that his candidature was cancelled on the ground that the petitioner had passed his secondary school examination from National Open School, New Delhi, which has not been recognised by the Haryana School Education Board, Bhiwani (for short "the Board") as equivalent to matriculation. Thereafter, sister of the petitioner filed application dated 28.7.2012 under Right to Information Act, 2005 to the Board seeking information as to whether secondary examination of National Open School is recognised by the Board or not. The same was replied to vide communication dated 21.8.2012 stating that secondary examination conducted by National Open School passed at least with five subjects is recognised as equivalent to secondary examination conducted by the Board. Learned counsel for the petitioner further submitted that the same was in terms of the communication from the Financial Commissioner & Secretary to Government of Haryana, Education Department, Chandigarh on the subject of recognition/equivalence of various degrees/diplomas/ certificates etc. awarded by different institutions, wherein it was provided that all the degrees/diplomas/certificates/examinations recognised by various Universities and including the Board of School Examination, Haryana would stand recognised in the State of Haryana for admission and recruitment purposes. In the light of the aforesaid document, the contention raised by learned counsel for the petitioner was that the qualification of secondary examination passed by the petitioner from National Open School being equivalent to secondary examination conducted by the Board, the petitioner was fully eligible and rejection of his candidature was totally illegal.

(3.) It was further contended that for raising the aforesaid grievance, the petitioner earlier filed CWP No.18578 of 2012, which was disposed of on 19.9.2012 giving liberty to the petitioner to file representation to the Commission. Representation dated 24.9.2012 was filed thereafter, which has been rejected vide impugned communication dated 20.11.2012.