- (1.) The above-noted two writ applications raise an identical controversy and therefore, are being taken up for adjudication by this common order.
(2.) In brief, the essential material facts necessary to appreciate the controversy raised are that the petitioners submitted their applications, for consideration of their candidature, in response to the advertisement dated 19.8.2003, issued by the respondents, inviting applications from the eligible candidates for appointment to the post of Senior Teacher (Science/Maths/English). The petitioners submitted their candidature for appointment to the post of Senior Teacher (English). The respondents declined to consider the candidature of the petitioners for appointment to the post of Senior Teacher (English) for the reason that they acquired the educational qualification of Bachelor of Arts from Maharshi Dayanand University, Rohtak (hereinafter referred to as 'M.D. University, Rohtak', for short), wherein English subject was compulsory and not optional/elective subject. The action of the respondents has been assailed by the petitioners on the ground that M.D. University, Rohtak being a recognized University by the University Grants Commission, and therefore, the educational qualifications acquired by the petitioners must be treated as valid for appointment to the post of Senior Teacher (English). It is pleaded case of the petitioners that the syllabus of the M.D. University, Rohtak, is equivalent to Kurukshetra University as well as Rajasthan University, and therefore, the qualification of Bachelor of Arts (English Literature) acquired by the petitioners from M.D. University, Rohtak; ought to be treated as equivalent and the condition of English being one of the optional subjects ought not to be a ground for declining the consideration of their candidature.
(3.) In response to the notice of the writ applications, the respondents have filed their counter affidavit raising preliminary objections to the effect that since the petitioners did not fulfill the essential educational qualification, as contemplated under the Statutory Recruitment Rules, for not having English as optional/elective subject, therefore, the writ applications merit rejection on that count alone. The respondents have further detailed out in their counter affidavit that clarification issued by the Registrar, M.D. University, Rohtak, vide letter No.ACS- III/03/4/18263 dated 28.11.2003, would reveal that English is compulsory subject in B.A. Courses and the subject English (Elective) has not been prescribed in the B.A. Course of the M.D. University, as would be reflected from communication dated 28.11.2003 (Annexure-9).;