GOKAL CHAND MITAL,J. - (1.) The petitioner is B. A. with Diploma in Physical Education. With these qualifications he was appointed as a Physical Training Instructor on ad hoc basis through the Employment Exchange by the District Education Officer, Jullundur, w.e.f. 24th February, 1970. There were some notional breaks in his service but he was in continuous service from 7th October, 1975, till date. The President or India issued order dated 3rd May, 1477, for regularising the services of ad hoc teachers, a copy of which is annexed with the petition as P-3. While considering the cases of ad hoc teachers on the basis of P-1, the District Education Officer, Jullundur, issued letter dated 16th April, 1979, (copy annexure P-4), to the petitioner directing him to produce an affidavit duly attested by the Magistrate 1st Class up to 23rd April, 1979, to the effect that in spite of higher qualifications of the petitioner he would not demand higher grade from the Government. The petitioner did not produce the said affidavit and since his service was not being regularised and to challenge the condition, he filed the present petition under Articles 226 and 227 of the Constitution of India.
(2.) In the written statement, the basic fact that the petitioner is in continuous service till 7th October, 1975, to date, has been admitted. In para C, the stand of the State is that the requisite qualification is C.P. Ed. i.e., Certificate in Physical Education and therefore he could not be regularised. In para 12 it is stated that the petitioner was asked to file an affidavit as he was having higher qualification than he was required academically for the post of Physical Training Instructor and due to higher qualification later on he may not claim higher scale or any other benefit and for that reason he was asked to give the affidavit.
(3.) After hearing the counsel for the parties, I find that the case of the petitioner is made out from the written statement itself. In para 12 of the written statement it is admitted that the petitioner possesses higher qualification than the requisite qualifications and once that is so, he was fit to be appointed as Physical Training Instructor and for the same reason was fit to be regularised. The State has not been able to show any decided case where a person with higher qualification was debarred from being selected for a post for which lower qualification was required.;