CHHATTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application for the grant of 'B' Class facilities to the petitioner in the jail on the ground that he has passed the Ayurvedic Rattan examination from Hindi Sahitya Samallan, Pariyag! (Allahabad, Centre Delhi) which is recognised equivalent to B.A./Graduate in Ayurvedic. In the written statement of respondents state that the said examination is not recognised in Haryana.

(2.) LEARNED counsel for the petitioner has cited before me the case of Neelam Kumari v. State of Punjab, 1988(1) Service Cases Today 770 wherein it has been held by the Full Bench of this court in that case that Punjab state, at no Stage, recognised the Haryana Diploma as equivalent to the Punjab Diploma and, therefore, the question of de -recognition of the Haryana Diploma did not arise. In that particular case the State Government letter dated May 9, 1960 indicated that Junior Basic Teacher Training Certificate or similar Diploma granted by any other State Public Government or by any Institution situated within the jurisdiction of that State Government will be equivalent to the Junior Basic Teachers Training Certificate of the Punjab Education Department and that this is of course subject to two conditions that such a diploma was awarded after two years of training and if the same was awarded by any Institution, the same should be recognised by such State Government in whose jurisdiction the same was situated.

(3.) LEARNED counsel for the petitioner has also cited before me the case of Suresh Pal and others v. State of Haryana and others, AIR 1987 S.C. 2027. In that case the certificate course in Physical Education in Shri Hanuman Vayayam Prasarak Mandal, Amravati, Maharashtra was recognised by the Government of Haryana in 1975 for appointment to the cost of Physical Training Instructor in Govt. Schools in Haryana. On the basis of this recognition granted by the State of Haryana to the certificate course of physical education in this Institute in Amaravati, the petitioners in that case, joined the certificate course and were receiving instructions in this institution until 9 -1 -1985 when the State of Haryana derecognised the certificate course. The Supreme Court in that case held that since at the time when the petitioners joined the course, it was recognised by the Govt. of Haryana and it was on the basis of this recognition that the petitioners joined the course, it would be unjust to tell the Petitioners now that though at the time of their joining the course, it was recognised, yet they cannot be given the benefit of such recognition.