GOKAL CHAND MITAL,J. - (1.) The petitioner was appointed a Hindi teacher on ad hoc basis in Government Middle School Rurka, district Sangrur, on 27th February, 1975, and since that date he is continuing in service without any break. The President of India issued order dated 3rd May, 1977 (copy annexure P-1 to the writ petition), on the basis of which the petitioner applied for being regularised as a Hindi teacher. Since he was not being regularised, the present writ petition under Articles 226 and 227 of the Constitution of India has been filed.
(2.) In para 5 of the petition, it has been stated that the petitioner is a B.A.B.Ed. and has also passed Prabhakar examination. In B.Pd., teaching of Hindi as one of the subjects with him. The qualifications which are required for the posts of a Hindi teacher are Matric Prabhakar/Shastri and Oriental Training Certificate. According to the petitioner, the oriental training certificate was a diplopia in Hindi teaching whereas he is B. Ed. in Hindi teaching and being B.A. B.Ed., he has much higher qualification as compared to Matric and oriental training certificate and, therefore, stated that he was fit to be regularised on the basis of P-1. It is further averred in para 5 that other persons possessing the qualifications as possessed by the petitioner, are also working in the Education Department on regular basis as Hindi teacher and he gave the specific example of Smt. Devki Devi, who was B.A.B.Ed. and Prabhakar and was appointed as a Hindi teacher in the Sangrur district.
(3.) In the written statement, the stand of the State is that the requisite qualification for appointment as a Hindi teacher is Matric-Prabhakar/ Shastri and Oriental Training Certificate and these qualifications are not possessed by the petitioner and therefore, his services cannot be regularised. As regards the case of Smt. Devki Devi, the reply is that she was selected by the Subordinate Services Selection Board, Punjab, as a Hindi teacher and the rules under which the Board appointed her are quite different from those contained in P-1, as P-1 operates only in respect of ad hoc employees.;