SHIV CHARAN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner is aggrieved by the non consideration of his name for appointment to the post of Head Master pursuant to the advertisement issued on 14.12.2001 and further sought for direction for consideration of his name for selection and appointment. He has also challenged the rejection of his candidature (Annexures P-6 and P-9).

(2.) Learned counsel for the petitioner submitted that petitioner was appointed as a Math Master on 23.5.1983. He has acquired B.Ed qualification in the year 1999. On 14.12.2001, the respondent-Selecting Authority advertised for the post of Head Master while reserving 4 posts for Physically Handicapped Persons. Petitioner is one of the candidate for recruitment to the post of Head master under Physically Handicapped Persons category. Petitioner's candidature has been rejected on the ground that petitioner do not possess eight years' of experience after acquisition of B.Ed qualification in the year 1999 with reference to the last date prescribed in the advertisement dated 14.12.2001. Learned counsel for the petitioner submitted that if the date of appointment of the petitioner is taken into consideration, petitioner fulfills the experience qualification of eight years as stipulated for the purpose of appointment to the post of Head Master. It was further submitted that rules do not provide for gaining eight years of experience after acquisition of B.Ed examination. Further rule is silent whether acquisition of eight years of experience is after passing of B.Ed examination. Therefore, rejection of the petitioner's candidature is highly arbitrary and illegal.

(3.) In support of petitioner's case, learned counsel for the petitioner relied on the judgment passed by the Supreme Court in the case of Anil Kumar Gupta and others Vs. Municipal Corporation of Delhi and others; 2000 (1) SLR 303 . Para 20 of the said judgment reads as under: