Sukhdev Singh Kang, J. - (1.) This Letters Patent appeal is directed against the judgment dated Oct. 4, 1982, of a learned Single Judge of this court where by writ petition (C.W.P.No.6466 of 1974) filed by Madan Lal Gupta, appellant, and one Satya Pal Sharma was dismissed. It is not, necessary to recapitulate the facts in any great detail because the matter stands concluded against the appellant by the authoritative pronouncement of law by a Full Bench of this court in a recent decision in Som Putt Vs. State of Haryana and another 1983 (3)S.L.R 141. It will suffice to recount the skeletal facts;
(2.) Madan Lal Gupta, appellant and Satya Pal Sharma (writ petitioner) having passed their B.A., B.T, examinations and obtaining the Diplomas of Giani and Prabhaker respectively were appointed as Hindi teachers on adhoc basis on Sept. 3, 1969 and Oct. 3, 1970. In response to an advertisement issued in Jan., 1973, they made applications for appointment to the post of Hindi teachers on regular basis. They were not selected because they did not possess the academic qualifications of matric with Prabhaker (Hons, in Hindi) and O.T./S.T. or J.B.T.(Two year Course). They, however, continued to be in service on ad hoc basis. The Punjab Government issued instructions dated Jan. 29, 1973 (Copy Annexure P.l) for regularisation of adhoc employees on the terms and conditions mentioned therein. Despite these instructions, the service of the writ petitioners was not regularised and on learning that they were going to be relieved, they filed the writ petition seeking directions to regularise their services and to restrain respondents from relieving them from their present posts.
(3.) The writ petition was contested by the respondents. It was averred in their written statement that the writ petitioners were appointed purely on ad hoc basis and the last appointment was made by the Headmaster of the school and not by the District Education Officer. It was further contended that the writ petitioners were not qualified teachers because they did not possess the basic qualifications of J.B.T.or O.T. with Prabhakar. The writ petitioners had been wrongly appointed in violation of the Statutory -rules and the instructions issued by the Government on this subject, wherein it was clearly laid down that persons possessing qualification of O.T/J.&.T. with Prabhakar alone were eligible for appointment as Hindi teachers and persons possessing B.A., B.Ed. qualifications were not eligible. Since the writ petitioners did not possess the basic academic qualifications, their services could not be regularised.;