- (1.) The petitioner is a Prabhakar and Shastri and after doing J.BT Course, she joined as a J.B.T. Teacher on regular basis on 3.2.1979 in the Education Department of Haryana. On 3.6.1977 Instructions were issued by the Education Department, Haryana by which 25% of the Sanctioned posts of Sanskrit/Hindi/Punjabi teachers were to be filled in by promotion from J.B.T/Hindi, Punjabi and qualified (shastri) teachers. Certain posts of Hindi teachers and Sanskrit teachers become vacant in the haryana Education Department and the petitioner staked her claim for promotion under the 25% quota for being considered for promotion as a Hindi/Sanskrit teacher. She was interviewed on 26.9.1980 for both the posts of Sanskrit and Hindi teacher. However, she was not selected for any of these posts. On the ground that she was not qualified for the same. This led the Petitioner to file the present writ petition.
(2.) As per letter dated 5.8.1981 from District Education Officer, Sonepat to the Sub Divisional Education Officer, Gohana, copy of which has been attached as Annexure R/2 with the written statement, it has been mentioned regarding petitioner as under:- "She had acquired the qualification of Prabhakar and Shastri (Sanskrit) prior to her regular appointment, the benefit of these higher qualifications has already been given to her at the time of first appointment, therefore, as per Instructions of the Department only such JBT teachers can be promoted into the cadre of C&V who have acquired the qualifications of Prabhakar/Shastri/Giani during the service period. So. Shrimati Bimla Devi, JBT teacher G.M.S. Jauli cannot be promoted as Hindi/Sanskrit teachers.
(3.) The further stand of the respondents in the written statement is that the petitioner was not selected as she lacked the qualifications for the post of Sanskrit teacher, which are Shastri with O.T. (Sanskrit) whereas the petitioner was not Shastri pass. In para 6 of the written statement, it has been mentioned as under :- Referring to para 6 of the petition, it is submitted that the case of the petitioner for promotion to the post of Sanskrit teachers was considered but she was not found eligible for promotion to the pot of Sanskrit teacher as she did not fulfil the qualifications prescribed for the post. It is submitted that the qualifications as prescribed in the Punjab Education State Service Class-III (School Cadre) Rules, 1955 for the post of Sanskrit teacher are Shastri with O.T. (Sanskrit) similarly, the qualifications for the post of Hindi teacher are Matric (full subjects), Prabhakar and O.T. (Hindi), the petitioner does not fulfil the qualifications in either case, because she is Shastri as well as Prabhakar and does not possess the qualification of O.T. (Sanskrit/Hindi) The petitioner was informed accordingly through the Sub- Divisional Education Officer/Headmaster by the answering respondent vide No. E-2- 81/1941-42 dated 5.8.1981(Copy enclosed and marked as annexure R-2 and its English version as R-2/I). Despite, that the petitioner is persisting in her claim which has no basis whatsoever are pending the matter is totally wrong and misconceived.";