HARCHARAN SINGH SIDHU AND OTHERS Vs. THE CHAIRMAN, DEPARTMENTAL RECRUITMENT COMMITTEE, EDUCATION DEPARTMENT, PUNJAB, CHANDIGARH AND OTHERS
LAWS(P&H)-1983-8-104
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 26,1983

Appellant
VERSUS
Respondents

JUDGEMENT

J.M. Tandon, J. - (1.) The petitioners were employed as Social Study Masters with the Education Department on ad hoc basis for about four years when they filed the present writ petition in 1977. An advertisement was made in the Press on July 16, 1974 inviting applications for various posts in the Education Department including 1797 posts of Social Study Masters/Mistresses. The qualification prescribed for the posts of Social Study Masters/Mistresses was B. A. B. T./B. Ed. The petitioners held Diplomas in Rural Services from the Kasturba Institute, Rajpura and thereafter they passed B. Ed. Examination. The State Government vide their letter No 3832-SDV-62/17665 dated June 23, 1962 (p/2) had accorded permanent recognition to the Diploma in Rural Services awarded by the National Council for Rural Higher Education as equivalent to 1st Degree of a recognised University for purposes of appointment to services and posts under the Punjab Government. The Chairman, Departmental Recruitment Committee who had invited the applications issued letters to all women candidates for selection but no interview letter was issued to petitioner No. 3. The petitioner No. 3 made a representation to the Secretary, Government Punjab, Education Department, in which the latter desired the Chairman Departmental Recruitment Committee to interview her by treating her holding the qualifications B. A. B. Ed. The Chairman, Departmental Recruitment Committee interviewed petitioner No. 3, but simultaneously made a reference to the Government that in view of the fact that the qualification of Diploma in Rural Services awarded by the Kasturba Institute, Rajpura, was not specifically advertised while inviting applications nor any candidate holding such qualification had been interviewed, the direction issued by the Secretary to Government Punjab, regarding petitioner No. 3 may cause complications. The Government thereupon withdrew the direction issued to the Chairman, Departmental Recruitment Committee regarding petitioner No. 3. The Departmental Recruitment Committee released the result of the women candidates who were interviewed but withheld that of petitioner No. 3.
(2.) The men candidates for the posts of Social Study Masters were interviewed in 1976. Petitioner Nos. 1 and 2 who were holding the Diploma in Rural Services awarded by Kasturba Rural Institute, Rajpura, were not invited for interview. The petitioners have consequently filed the present writ wherein a mandamus has been sought directing the Chairman, Departmental Recruitment Committee to interview' petitioners Nos. 1 and 2 and to declare the result of interview of petition No. 3.
(3.) It is not disputed that in 1962 the Government recognised the Diploma in Rural Services awarded by the National Council for Rural Higher Education equivalent to 1st Degree of a recognised University. The Diploma in Rural Services issued by Kasturba Rural Institute, Rajpura is covered by the relevant instructions (p/2) issued by the Government in 1962. The petitioners are thus holding B. A. B.Ed. qualifications. All the petitioners applied for the posts of Social Study Masters/Mistresses. In the advertisement made in 1974, the qualification prescribed for the post of Social Study Masters/Mistresses Was B. A., B. Ed. In view' of the instructions issued on June 23, 1962 (p/2), it was not necessary to include the Diploma in Rural Services as an equivalent qualification in the advertisement made in 1974, The petitioners were, therefore, entitled to be considered for appointment as Social Study Masters in pursuance of the advertisement made on July 16, 1974.;


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