JAI PARKASH AND ORS. Vs. STATE OF HARYANA AND ORS.
LAWS(P&H)-2008-12-171
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 22,2008

Jai Parkash And Ors. Appellant
VERSUS
State Of Haryana And Ors. Respondents

JUDGEMENT

M.M. Kumar, J. - (1.) THIS order shall dispose of Civil Writ Petition No. 20929 and 21408 of 2008 as common questions of law and facts are involved in these petitions. However the facts are being taken from C.W.P. No. 20929 of 2008.
(2.) THE prayer made by the petitioners in the instant petition filed under Article 226 of the Constitution is for issuance of a direction to the respondents to consider their candidature for selection and appointment to the post of Hindi Teachers in pursuance to the advertisement issued by the Haryana Staff Selection Commission, Panchkula (for brevity, 'the Commission') on 20.7.2006 (P -4). A further prayer has been made for restraining the respondents from finalizing the process of selection for the post of Hindi Teachers without considering the candidature of the petitioner alongwith other candidates. Brief facts of the case are that the petitioners after passing the examination of Ma -tric/Prabhakar, acquired the qualification of Shiksha Vishard i.e. LTC/OT from 'Hindi Sahitya Sammelan, Paryag, Allahabad". The posts of Hindi Teachers in the State of Haryana are governed by the Rules known as 'the Haryana State Education School Cadre (Group C) Service Rules, 1998; (for brevity, 'the Rules'). Rule 2(h) of the Rules defines the recognized University whereas Rule 7 deals with the qualifications. On 20.7.2006, the Commission issued an advertisement inviting applications for filling up various posts including the post of Hindi Teachers in the Education Department, Haryana, prescribing the same education/professional qualifications which have been prescribed in the Rules. The petitioners considering themselves to be eligible and qualified applied for the post of Hindi Teacher by submitting their applications alongwith requisite fee to respondent No. 3. The Commission issued interview letters to the candidates which were to be held from 10.12.2008 to 24.12.2008. However, no such letters were issued to the petitioners. On making enquiry, the petitioners came to know that their candidature has not been considered for the post of Hindi Teacher on the ground that the qualification of Shiksha Vishard, which was acquired by them from the Hindi Sahitya Sammelan, Paryag, Allahabad is not recognised by the State of Haryana. Faced with this situation the petitioners have preferred the instant petition.
(3.) AFTER hearing learned Counsel for the petitioners at a considerable length and perusing the paper book with their able assistance, we are of the considered view that there is no merit in these petitions and the same are liable to be dismissed. The controversy raised in these petitions is not res Integra. A Division Bench of this Court in the case of Ram Bhagat Sharma v. State of Haryana, 1997(4) R.S.J. 134 had the opportunity to determine the issue sought to be raised in these petitions. The Division Bench before concluding that the certificates and degrees issued by 'the Hindi Sahitya Sammelan, Paryag, Allahabad" are bogus, constituted a Committee to make a thorough investigation in the working of the Examination Centres established by the Hindi Sahitya Sammelan, Allahabad and/or 'the Hindi Sahitya Sammelan, Paryag, Allahabad' and similar other institutions. The Committee visited Allahabad and made a detailed inquiry of the working of aforementioned institutions. The Committee found that there were numerous examination centres spread all over the streets of Haryana who attract the children to get Shiksha Visharad or other degrees of Hindi Sahitya Sammelan, Allahabad and/or Hindi Sahitya Sammelan Prayag, Allahabad. Out of these, Committee visited ten centres in a short span of time situated at Hissar, Bhiwani, China, Charki Dadri, Ambala Cantt and Shahbad Markanda. The centres were found to be housed in single room or in the residences. They were found charging a lump sum amount of Rs. 1,500/ - to Rs. 6,000/ - depending upon the economic status and the requirement of the candidates. The centres In -charges were not well qualified for coaching of Shiksha Visharad students. No High School was attached to any of the centres for the class room teaching practice of the so -called examinees. They used to receive question papers, date -sheet and answer sheets from Hindi Sahitya Sammelan, Prayag/Allahabad. Thereafter they would run their centres independently and have been giving guarantee to the students to get through the examination by securing good marks. In the statement made before the Committee they had stated that cow -herds would come to them and they would give them the certificates procured. The Division Bench after noticing the aforementioned opinion of the Committee accepted the conclusion expressed by it which reads thus: Finally the committee is of the opinion that Sahitya Sammelan, Prayag/Allahabad are doing dis -service to the cause of education, especially Hindi, by issuing such certificates through a network of agents throughout the country.;


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