KULBUSHAN SINGH Vs. STATE

JUDGEMENT

(1.) RESPONDENT No. 2, in pursuance of the advise received from the State Government, issued an advertisement Notice No. 3 of 1994 dated 28th Dec94. Appointments to the post of teachers were also to be made in pursuance to the aforementioned advertisement notice. Petitioner No. 1 is a graduate and petitioners No. 2 and 3 are matriculates. They however, submit that they are to be treated as graduates because of the certificate having been issued in their favour by the army authorities known as Indian Army Graduation Certificate. In addition to the above educational qualification, the petitioners also submit that they are ex -servicemen and were entitled to be considered against this category.

(2.) RESPONDENT - Board has filed objections.

(3.) THE stand taken by the Board is that the petitioner No. 1 no doubt, is a graduate but he did not come high up in the merit. Petitioners No. 2 and 3, it is stated were not possessing the qualification of 10 + 2 (TDC part 1st) i.e. the qualification which was required was missing and therefore, were not considered. With regard to the graduation certificate issued by the Army authorities, it is stated that this is of no avail to them and these certificates cannot be looked into. It is stated that Government Order No. 66 -GAD of 1991 dated 22nd January 91, on which reliance has been placed by the petitioners would be of no help to these petitioners. It is submitted that this communication would apply only if a particular reservation is made for Ex -servicemen. If there is no reservation for this category, then the certificates on which reliance is being placed by the petitioners would be of no avail.