ASHA THAKUR Vs. H.P.PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This batch of nine writ petitions is proposed to be decided by a common judgment since the questions involved for determination in all of them are almost common. However, before adverting to decide these questions, it would be necessary to record essential facts from each case. C. W. P. No. 179/95 (Smt. Aa Thakur v H. P. Public Service Commission and others). The petitioner is aggrieved by letter No KA (S) -4/92 -Edu -Ka, dated April 8, 1994 of the Commissioner cum -Secretary (Edu.) to the Government of Himachal Prade read with minutes of the Equivalence Committee dated March 11. 1994. The petitioner was issued roll number slip dated February 28, 1995 by respondent! mentioning that the candidates who had passed B. Ed, through Correspondence Courses from any University, were not eligible according to the H. P. Government (Edu. Deptt.) letter No. Ka (S) -4/9 -Edu -Ka, dated April 8, 1994. The petitioner passed Matriculation Examination in 1976 from Government High School, Narag (Annexure Pi). e passed her B A Examination in April 1987 from H P. University (Annexuie P -3). Maharii Dayanand University, Rohtak (hereafter ˜M. D. University) started Bachelor of Education (B Ed) programme by correspondence from 198889 keeping in view the spirit of open University and national policy of education laying emphasis on continuing education and distant education, admission is open to candidates from all over the country to those who may otherwise fail to enter colleges of education as regular students for various reasons. The duration of the course is for one year and the programme for study is identical with regular students. The petitioner availed this facility and qualified the course in April 1990 and got degree in Bachelor of Education (Annexure P -4).

(2.) On the basis of her B Ed. degree, e enrolled herself with the Employment Exchange, Rajgarh, District Sirmour During 1993 -94, certain posts of B. Ed. teachers were to be filled in by respondent -2 through respondent -1. The petitioner was called for test by respondent -1 but e could not qualify it

(3.) Equivalence Committee held its meeting on March 11, 1994 and decided that B. Ed. (Correspondence) degree of M.D University would not be recognised for employment under the State Government, The proceedings of the Equivalence Committee were circulated vide letter No. KA (3) -4/92 -Edu. -Ka, dated April 8, 1994 (Annexure P -6). Respondent -1 issued Roll number provisionally on February 28, 1995 to the petitioner admitting her to the screening test that was to be held on April 2, 1995 at 11 00 a. m. (Annexure P -7), In this roll number slip a note mentioned above has been recorded. Consequently, the petitioner apprehended that e would not be permitted to appear in the screening test on April 2, 1994.