RANBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for issuance of a direction to the respondents to appoint the petitioner as JBT teacher from the date candidates lower in order of merit than the petitioner have been appointed. A further prayer for grant of all consequential benefits has also been made.

(2.) The respondent-State has issued an advertisement in July, 2004 for filling up the post of JBT teachers. The petitioner who is an ex-serviceman has applied. He possessed the certificate of matriculation from Haryana School Education Board with Hindi as one of the subjects and has passed Teachers Training Course from Bihar Vidayala Pariksha Samiti, Patna which is claimed to be a recognised Board. The petitioner has further qualification of B.A., B.Ed. and M.Ed. from Maharishi Dayanand University, Rohtak. Accordingly he was called for interview considering him as duly qualified. His result was declared and he was shown to be selected at serial No. 467. The petitioner was aggrieved by the appointment of persons in his own category who were lower in order of merit in the select list being at serial No. 470. On 7.7.2005, it was intimated to him that the qualification possessed by the petitioner in respect of Teachers Training Course from Bihar Vidayala Pariksha Samiti, Patna was not recognised. He submitted a detailed reply and attached all proofs showing that the afore-mentioned qualification was duly recognised. He was not issued appointment letter even then.

(3.) The cause of the petitioner has been vehemently opposed by the respondents and it has been asserted that the Teachers Training Certificate obtained by the petitioner from the Bihar Vidayala Pariksha Samiti is not recognised by the National Council of Technical Education nor by the Haryana Government Education Department (Annexures R. II to R. IX). It has further been alleged that possession of higher qualification in any case would not entitle the petitioner to claim appointment on that basis alone unless he satisfies the minimum qualification. It is claimed that only those Teachers Training Courses are recognised by the Government which are accepted by the National Council of Technical Education, New Delhi. The list of recognised courses by National Council of Technical Education does not include the name of Bihar Vidayala Pariksha Samiti. In para 9 of the written statement, the afore-mentioned list has been reproduced showing that it does not include the name of the afore-mentioned Vidayala.