SATYA PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) On the basis of their selection by the District Education Officer, Rewari, the petitioners were appointed as Teachers on contract basis for 89 days vide order dated 31.1.1997. However, just after 10 days of joining the services by the petitioners, the appointing authority issued the impugned order terminating their services on the ground that Shiksha Shastri (B.Ed. certificate) awarded by Lal Bahadur Shastri Rashtriya Sanskrit Vidyapitham, New Delhi is not equivalent to the qualification of O.T. Sanskrit and as the petitioners do not fulfil the required qualification of Shastri O.T. recognised by the Haryana Education Department, they cannot be treated eligible for appointment as Sanskrit Teachers. This action of the District Education Officer has been challenged on the grounds of arbitrariness and non-application of mind. The petitioners have prayed for quashing of the order Annexure P.2 and similar other orders passed by the respondent No. 3.

(2.) The respondents have defended the action taken by the respondent No. 3 on the ground that degree of Shiksha Shastri (B.Ed. certificate) is not recognised by the Government of Haryana as equivalent to O.T. (Sanskrit) and, therefore, the petitioners are not entitled to be considered for appointment as Sanskrit Teachers.

(3.) After having heard Shri R.K. Malik and Shri Jaswant Singh, we are of the opinion that the impugned orders should be quashed. Shri Lal Bahadur Shastri Rashtriya Sanskrit Vidyapitham, New Delhi has been declared to be a deemed university by the Government of India vide notification No. 9-2/85-U.3 dated 16th November, 1987. Vide office memorandum No. 6/1/64-Estt.D dated 29th April, 1964, the Government of India, Ministry of Home Affairs decided that the decision regarding recognition of degrees/diplomas/certificates for the purpose of employment under the Central Government should be extended to the degrees/diplomas of the institutions deemed to be university under Section 3 of the University Grants Commission Act, 1956. The issue of equivalence of the degree of Shastri awarded by Lal Bahadur Shastri Rashtriya Sanskrit Vidyapitham, New Delhi came to be examined by the equivalence committee of Kurukshetra University in its meeting held on 25.3.1996. The committee decided to treat the examination of Shiksha Shastri of the Lal Bahadur Shastri Rashtriya Sanskrit Vidyapitham, New Delhi as equivalent to B.Ed. examination of Kurukshetra University. On its part, the Government of Haryana has also issued general instructions vide circular letter dated 18.3.1975 for treating those degrees/diplomas and certificates as recognised for the purpose of employment which have already been recognised by the Government of India.