HARINDER SINGH SIDHU,J. - (1.) This writ petition has been filed praying for quashing the relaxation provision in Note II (a) in Column No.3, Appendix B of Haryana Education College Cadre (Group-B) Service Rules, 1986 introduced vide Haryana Education College Cadre (Group-B) Service (Amendment) Rules, 2006 notified on 21.09.2006, whereby for the post of Assistant Professor criterion of 'good academic record' has been relaxed for candidates possessing Ph.D degree in the relevant subject while retaining it for those who have qualified the National Eligibility Test (NET) conducted by the University Grants Commission.
(2.) Recruitment to the post of Assistant Professor in Haryana is regulated by the 'Haryana Education College Cadre (Group-B) Service Rules, 1986' (for short Rs.1986 Rules') Clause 7 of the Rules lay down the qualifications for the post as under: "7. Qualification: No person shall be appointed to any post in the Service unless he is in possession of qualifications and experience specified in column 3 of Appendix B to those rules in the case of direct recruitment and those specified in column 4 of the aforesaid Appendix in the case of appointment other than by direct recruitment." Relevant portion of Appendix-B is reproduced herein:- JUDGEMENT_250_LAWS(P&H)4_2016.htm A candidate apart from having a Master's degree in the relevant subject with at least 55% marks and having cleared the eligibility test National Eligibility Test for lecturers conducted by the University Grants Commission is required to have a 'good academic record' Note II of Appendix B specifies the criteria for determining 'good academic record' as under: "(a) For determining good academic record a candidate should either have average of 55% marks in two of the three examinations (not below matric or equivalent) prior to Master's degree or 50% marks in each of these two examinations separately. (b) For determining good academic record, if total number of marks in two examinations are different, then the average of percentages is to be calculated by dividing the marks obtained in two examinations by total number of marks in those two examinations."
(3.) Vide Haryana Education College Cadre (Group-B) Service (Amendment) Rules, 2006 notified on 21.09.2006, the Haryana Education College Cadre (Group-B) Service Rules, 1986 were amended. Two aspects of this amendment are relevant.;