Punjab-Haryana High Court
Vandana vs State Of Haryana And Others on 8 August, 2013
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
CWP No.17292 of 2013
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.17292 of 2013
Date of Decision: 08.08.2013
Vandana
..... Petitioner
Versus
State of Haryana and others
..... Respondents
CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Anurag Goyal, Advocate,
for the petitioner.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
RAJIV NARAIN RAINA, J.
The Government of Haryana in the Department of Health notified 379 posts of Multipurpose Health Worker (Female) through Advertisement No.1 dated 12.03.2010 inserted in the Press Media. The closing date of receipt of applications was 12.04.2010. The advertised qualifications were Matriculation with Multipurpose Health Workers Training Course earned from an institution approved by the Government with Hindi/Sanskrit upto Matriculation Standard.
There is no doubt that the petitioner obtained her essential qualification in May 2002 and is registered with the Haryana Nurses Registration Council, Chandigarh. However, she claims to have passed her Matriculation from Gurukul Mahavidhyalaya, Jawalapur, Haridwar which she claims is equivalent to Matriculation. The petitioner applied for the Mittal Manju 2013.08.14 10:12 I attest to the accuracy and integrity of this document Chandigarh CWP No.17292 of 2013 -2- post. She was called for and appeared for interview before the respondent Haryana Staff Selection Commission, Panchkula on 20.12.2011. She was selected. Her result was declared in the general category on 08.05.2012. Despite selection, appointment was not offered to her.
Aggrieved by non-appointment, the petitioner approached this Court through CWP No.24922 of 2012 which was disposed of on 14.12.2012 with the direction to the Director General, Health Services, Haryana to decide her representation against non-appointment and to convey the decision to the petitioner forthwith. The petitioner represented but she did not receive attention in terms of the directions. The petitioner served notice of contempt through counsel upon which the impugned order has been passed rejecting the claim by holding the petitioner not entitled to appointment on the ground that the examination of Vidya Ratan (High School) conducted by Gurukul Mahavidhyalaya, Jawalapur, Haridwar (Uttranchal) is not recognized as equivalent to the Secondary examination of the Board of School Education, Haryana, Bhiwani. This finding was recorded on advice received from the Secretary to the Board and, therefore, the High School qualification of Vidya Ratan was not found equivalent to Matric qualification in Haryana State which is an essential qualification for the post advertised. The petitioner passed Vidyaratan (Class 10) Examination notified to her through certificate dated 09.09.2006 as proof of passing out from a school known as Swami Shradhanand Vidyaratan Mahavidhyalya, Chandgothi.
Mr. Anurag Goyal, learned counsel appearing for the petitioner tenaciously relies on a letter dated 01.08.2002 (P-13) which reads as Mittal Manju 2013.08.14 10:12 I attest to the accuracy and integrity of this document Chandigarh CWP No.17292 of 2013 -3- follows:-
"From The Under Secretary, Uttranchal Education & Examination Council, Ram Nagar, Nainital.
To The Kul Sachiv, Gurukul Mahavidhyalaya Jwalapur, Haridwar, Uttranchal.
Letter No.UE&EC/S/Recog./318 Dated: 1.8.2002 Subject:- Regarding the affiliation of qualification pertaining to Vidya Ratan conducted by Gurukul Mahavidhyalaya, Haridwar.
Sir, In reference to your letter bearing No.AR/39/1997/01 dated 12.07.2002 on the subject cited above.
The course named as "Vidya Ratan Examination" being conducted by Gurukul Mahavidhyalaya, Haridwar has been recognized by Uttranchal Education & Examination Council as equivalent to High School Examination like Intermediate Education Council, Uttar Pradesh, Allahabad, because the Govt. of Uttranchal has accepted the U.P. Intermediate Education Act vide notification bearing No.685/Intermediate/2002 dated 12.07.2002.Yours sincerely,
Sd/-
(K.S. Sajwan) Under Secretary, Uttranchal Education & Examination Council, Ram Nagar, Nainital"
On the strength of this letter, Mr. Goyal's opening gambit is that the Vidya Ratan Examination conducted by Gurukul Mahavidhyalaya, Haridwar has been recognized in Uttranchal as equivalent to High School Examination. He would next submit that the Board of School Education, Haryana has issued a list of equivalent qualifications approved by the Board where Uttaranchal Shiksha Evam Pariksha Parishad, Ramnagar has been declared equivalent to High School Examination. However, the certificate relied upon by the petitioner is from the Gurukul Mahavidhyalaya Mittal Manju 2013.08.14 10:12 I attest to the accuracy and integrity of this document Chandigarh CWP No.17292 of 2013 -4- Jawalapur, Haridwar, Uttranchal which body is not mentioned for all to see in the approved list of the Board.
Mr. Goyal contends that the Uttranchal Education & Examination Council, Ram Nagar, Nainital mentioned in the letter dated 01.08.2002 (P-13) is the same thing as Uttaranchal Shiksha Evam Pariksha Parishad, Ramnagar mentioned in the list approved by the Board of School Education, Haryana.
Therefore, the short question which arises for consideration is whether State of Haryana is bound by equivalence of a certificate issued by the Gurukul Mahavidhyalaya, Haridwar and the Vidya Ratan Examination conducted by the Gurukul as equivalent to essential qualification for the post of MPHW (Female) for appointment to public service in the State of Haryana. If the Uttranchal Education & Examination Council, Ram Nagar, Nainital/Uttaranchal/Shiksha Evam Pariksha Parishad, Ramnagar has granted recognition to Vidya Ratan issued by the Gurukul Mahavidhyalaya, Haridwar would it follow that the Board of School Education, Haryana recognizes the Vidya Ratan from the Gurukul Mahavidhyalaya, Haridwar inferentially even though it recognizes only the Uttaranchal Shiksha Evam Pariksha Parishad, Ramnagar in its list. I do not think so. The Uttaranchal Shiksha Evam Pariksha Parishad, Ramnagar may recognize its own inter State body, the Gurukul Mahavidhyalaya, Haridwar which has awarded certificate of Vidya Ratan but there is no conscious decision of the Haryana Board equating Vidya Ratan with Matriculation examination. The argument is far to tedious and remote to accept on the face of it.
This court is, therefore, of the considered view that the Vidya Mittal Manju 2013.08.14 10:12 I attest to the accuracy and integrity of this document Chandigarh CWP No.17292 of 2013 -5- Ratan certificate possessed by the petitioner is not equivalent to Matriculation certificate in Haryana for purposes of holding public appointment within the State of Haryana or under it. Therefore, the candidature of the petitioner has been validly rejected. The alleged Matriculation Certificate obtained from Swami Shardanand Vidyaratan Secondary Vidyalaya Chandgothi, a school run by Gurukul Mahavidyala, Jawalapur, Haridwar (Uttaranchal) is not a valid certificate in Haryana to qualify her as Matriculation passed candidate under Advertisement No.1/2010.
No ground for interference is made out.
The petition fails and is dismissed.
(RAJIV NARAIN RAINA) 08.08.2013 JUDGE manju Mittal Manju 2013.08.14 10:12 I attest to the accuracy and integrity of this document Chandigarh