KARTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer made in this amended petition filed under Article 226 of the Constitution is that petitioner being an exserviceman, was entitled to preference over a dependent of exservicemen, in terms of the advertisement dated 18.10.2003 (P-2).

(2.) The petitioner has alternative higher qualification as against essential qualification.

(3.) Brief facts are that on 18.10.2003, the Haryana Staff Selection Commission (respondent No. 3) has advertised 140 posts of Hindi Teachers and 10 posts were reserved for Ex-Servicemen General Category. The petitioner possessed the qualification of B.A. with an elective subject of Hindi, B.Ed. with a teaching subject of Hindi and M.A. in the subject of Hindi. According to the advertisement dated 18.10.2003 (P-2), the essential qualification was Matric from the Haryana School Education Board or an equivalent qualification recognized by it. The other essential qualifications laid down in the advertisement are, Prabhakar/B.A. (Hons. in Hindi) from a recognized University, L.T.C. OT in Hindi conferred by the Haryana Education Department or B.A. (Hons. in Hindi) with B.T./B.Ed with Hindi as teaching subject from a recognized University. However, according to the 'Note', it was clarified that in case the candidates of above mentioned essential qualification were not available then B.A. with Hindi as an elective subject with B.T./B.Ed with Hindi as teaching subject were to be considered. The advertisement also required knowledge of Hindi up to Martic standard.