- (1.) This is an intra court appeal filed by the State of Haryana challenging the order dated 12.02.2014 passed by the learned Single Judge whereby the writ petition filed by the respondent was allowed.
(2.) The respondent is M.Ed. from MDU University, Rohtak, M.A English from Kurukshetra University, Kurukshetra and M.A. English from Dr. Bhim Rao Ambedkar, University, Agra. He was appointed as a Language Teacher in English in the Department of Industrial Training and Vocational Education, Haryana, on ad-hoc, basis on 19.11.1997. Later his services were regularized on such post w.e.f. 1.10.2003. The Haryana Staff Selection Commission through advertisement No.6 of 2007 invited applications from eligible candidates for the post of principal in the Education Department. As per the advertisement, following were the eligibility qualifications for appointment to the post of principal: "Educational Qualification:- 1. M.A./M.Sc./M.Com. With 2nd division. 2. B.T./B.Ed. or its equivalent. 3. (i) In case of Head Master, 8 years teaching experience as Master out of which 2 years experience should be in an administrative capacity as Head of High School. (ii) In case of Lecturer, 8 years teaching experience as Master/Lecturer out of which at least 2 years experience should be as Lecturer in Govt./Recognised School. (iii) Hindi/Sanskrit upto Matric Standard."
(3.) Considering himself eligible, the respondent applied but his candidature was rejected through letter dated 18.2.2008. Aggrieved by such action, he alongwith another similarly situated candidate-Shiv Kumar approached this Court through CWP No.5821 of 2008 (Shiv Kumar and another v. State of Haryana and others). The said writ petition was disposed of in the following terms: "Notice of the application to Mr. Harish Rathee, Sr. D.A.G. Haryana, who accepted notice. Mr. Rathee agrees with the submission of the counsel for the petitioner that the present writ petition can be disposed of in terms of Annexure A-1. The writ petition is, accordingly, disposed of in terms of order Annexure A-1 passed in Civil Writ Petition No.2981 of 2009 decided on 23.7.2009. Sd/- Ranjit Singh Judge August 19, 2009" From the above, it is clear that the Writ Petition filed by the respondent was disposed of in terms of an earlier order passed by this Court on 23.7.2009 in CWP No.2981 of 2009 (Rajbala and others v. State of Haryana and another).;