UMED SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Thesethree petitions, viz., C.W.P. Nos.13466 and 14518 of 1993 and 1696 of 1994, have been listed together for hearing in pursuance to the orders passed by the Motion Bench. These can, consequently, be disposed of by one order.

(2.) The Directorate of Higher Education, Haryana invited applications for the posts of Lecturers in various Government Colleges. One of the conditions of eligibility was that the candidates should have cleared the eligibility test conducted by the University Grants Commission or the C.S.I.R. etc. However, persons who had been awarded M.Phil degree upto December 31, 1992, were exempted from qualifying the test. The short grievance made by the learned counsel for the petitioners in these three cases is that the action of the respondents in declining exemption to persons who have bene awarded the M.Phil degree after /December 31, 1992 is discriminatory and thus violative of Articles and 16 of the Constitution.

(3.) The grievance made by the counsel for the petitioners is well merited. The matter has already been considered by a Division Bench of this Court in Darshana Devi vs. Punjab Public Service Commission etc. (Civil Writ Petition No.10797 of 1994, decided on October 31, 1994). It has been held that "the prescription of the cut off date is wholly illegal and has no nexus to the objects sought to be achieved." In view of the pronouncement of the Divison Bench, the writ petitions have to be allowed to the extent that even those who have been awarded the degree of M.Phil after December, 1992, are entitled to the benefit of exemption. No other point has been urged. The writ petitions are allowed in the above terms. No costs.