PARVEEN KUMARI Vs. SUBORDINATE SERVICES SELECTION BOARD

JUDGEMENT

(1.) THE short point that arises for adjudication is whether the dceision of the respondents not to appoint the petitioner as Lecturer in Physics (Female) (School Cadre) is legally sustainable.

(2.) THE respondent-Board advertised 14 posts of Lecturers (Female) (School Cadre) for the department of Secondary Education, Haryana in. the subject of Physics. As per advertisement (Annexure P-1), 2 posts were for general category, 4 each for Scheduled Castes A and B Blocks and 2 each for Backward Classes, A and B Blocks. Petitioner, being Kamboj by caste is a Backward Class A Block. She has passed in Physics (Electronics and Radio) in 1994 from "the Maharaja Sayaji Rao University of Baroda" by securing 70% marks therein. She applied for the said post in the prescribed form enclosing the necessary documents. She also deposited Rs. 4.00as the fee prescribed under a treasury challan and annexed its photocopy alongwith the application. On 14. 8. 1997 she received the letter (Annexure P-5) sent by respondent No. 2 rejecting the letter (Annexure P-5) sent by respondent No. 2 rejecting her application on the ground that she has not submitted any proof of having sent the prescribed fee and she has also not passed the M. Sc examination in Physics with 50% marks.

(3.) THE respondents in their reply raised preliminary objections that she has not impleaded the Education Department of Haryana Government, which is a necessary party. The respondent-Board is only a selecting and recommending authority, but the appointing authority is the Education Department. It is also averred that on scrutiny it was found that the petitioner does not possess the advertised/prescribed qualifications. The Board has also averred that from the certificate (Annexure P-3), it is evident that she has done M. Sc Physics only in Electronics and Radio and she has not studied all the subjects of Physics. It is said that Electronics and Radio are only a part of the subjects of the Physics and not the general study of Physics whereas the qualifications prescribed are M. Sc. Physics i. e. general study of Physics. The incumbent has to teach 10 + 2 students the subject of Physics in general and not the specified part thereof; therefore, the petitioner having studied physics partly cannot deliver the goods, cannot teach the students; hence, she was found ineligible and consequently, she was not called for interview.