Punjab-Haryana High Court
Babli vs State Of Haryana & Others on 4 January, 2012
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Date of Decision: December 04, 2012
1.
Civil Writ Petition No.13125 of 2012
Babli
..... PETITIONER(S)
VERSUS
State of Haryana & others
..... RESPONDENT(S)
...
2. Civil Writ Petition No.15118 of 2012 Neeraj Kumar & others ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
3. Civil Writ Petition No.15569 of 2012 Sonam Yadav ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
4. CWP No.13125 of 2012 [2] Civil Writ Petition No.15858 of 2012 Pawan Kumar Siwach & others ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
5. Civil Writ Petition No.15922 of 2012 Anita ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
6. Civil Writ Petition No.17656 of 2012 Pradeep Kumar Solanki ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
7. Civil Writ Petition No.21084 of 2012 CWP No.13125 of 2012 [3] Meenu Sharma ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
8. Civil Writ Petition No.21222 of 2012 Neeraj Rathee ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
9. Civil Writ Petition No.21402 of 2012 Rekha Kumari & others ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
10. Civil Writ Petition No.21459 of 2012 CWP No.13125 of 2012 [4] Priyanka Garg ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
11. Civil Writ Petition No.21443 of 2012 Priyanka Punia & another ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
12. Civil Writ Petition No.21444 of 2012 Poonam Rani ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
13. Civil Writ Petition No.21454 of 2012 CWP No.13125 of 2012 [5] Pinky ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
14. Civil Writ Petition No.21455 of 2012 Shikha Sharma & others ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
15. Civil Writ Petition No.21456 of 2012 Sudesh Yadav & another ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
16. Civil Writ Petition No.21457 of 2012 Priyanka Solanki & another CWP No.13125 of 2012 [6] ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
17. Civil Writ Petition No.21458 of 2012 Pushpa Rani & others ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
18. Civil Writ Petition No.21460 of 2012 Rahul Tiwari ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
19. Civil Writ Petition No.21465 of 2012 Indu ..... PETITIONER(S) CWP No.13125 of 2012 [7] VERSUS State of Haryana & others ..... RESPONDENT(S) ...
20. Civil Writ Petition No.21466 of 2012 Vikram Singh ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
21. Civil Writ Petition No.21498 of 2012 Vandana Saini & another ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
22. Civil Writ Petition No.21531 of 2012 Mehak Dangi & another ..... PETITIONER(S) CWP No.13125 of 2012 [8] VERSUS State of Haryana & others ..... RESPONDENT(S) ...
23. Civil Writ Petition No.21532 of 2012 Parveen ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
24. Civil Writ Petition No.23515 of 2012 Simta ..... PETITIONER(S) VERSUS State of Haryana & others ..... RESPONDENT(S) ...
25. Civil Writ Petition No.23598 of 2012 Anil ..... PETITIONER(S) VERSUS CWP No.13125 of 2012 [9] State of Haryana & others ..... RESPONDENT(S) ...
CORAM: HON'BLE MR. JUSTICE A.K. SIKRI, CHIEF JUSTICE HON'BLE MR. JUSTICE RAKESH KUMAR JAIN ...
PRESENT: - Mr. P.R. Yadav, Advocate; Mr. Harish Goyal, Advocate; Mr. Divay Sarup, Advocate; Mr. Karan Nehra, Advocate; Mr. Jarnail Singh Saneta, Advocate; Mr. Amit Choudhary, Advocate; Mr. Christopher D:Souza, Advocate; Mr. Sandeep Goyat, Advocate, for the petitioner(s).
Mr. B.S. Rana, Additional Advocate General, Haryana.
Mr. P.M. Anand, Advocate; Mr. Sandeep Singh, Advocate, for Mr. Partap Singh, Advocate. Dr. Balram Gupta, Senior Advocate, with Mr. Shirish Gupta, Advocate . . .
A.K. Sikri, CJ (Oral)
1. The State of Haryana has notified Haryana State Education School Cadre (Group B) Rules, 2012 in exercise of powers conferred by Proviso to Article 309 of the Constitution of India. These Rules, inter-alia, provide for recruitment to service i.e. The Haryana State Education School Cadre (Group B) Service. The posts which fall under the Service, are specified in Appendix A to the said Rules. CWP No.13125 of 2012 [10]
2. This batch of petitions concerns selection to the post of PGT Biology. Advertisement dated 7.6.2012 was issued by the State School Teachers Selection Board for filling up 760 posts of PGT Biology with other posts as well. The qualifications which a candidate needs to possess to apply for the said post are stated in Appendix B to the said post which read as under:-
Serial Designation Academic qualifications and experience, if Academic qualification and Number of Posts any, for direct recruitment on contract experience, if any, for basis appointment other than by direct recruitment on contract basis (1) (2) (3) (4) CWP No.13125 of 2012 [11] "11 PGT (i) M.Sc. Zoology/Botony/ Bio Science/ By promotion:-
Biology Bio Chemistry/ genetics/ Micro Biology/ (i) M.Sc. Zoology/ Botany/ Bio Plant Pathology/ Bio technology/ Life Science/ Bio Chemistry/ Science/ Molecular Bio, with at least Genetics/ Micro Bilogy/ Plant 50% marks provided that the applicant Pathology/ Bio technology/ Life had studied Botany & Zoology at Science/ Molecular Bio, with at Graduation level and B.Ed from least 50% marks provided that recognized university; AND the applicant had studied Botany & Zoology at Graduation Level and B.Ed from recognized university;
AND
(ii) Matric with Hindi/ Sanskriti or (ii) 2 years teaching experience 10+2/B.A./ M.A. with Hindi as one of as TGT Science; AND the subject; AND
(iii) Certificate of having qualified (iii) Matric with Hindi/ Sanskrit Haryana Teacher Eligibility Test or 10+2/ B.A./ M.A. with Hindi (HTET)/ School Teachers Eligibility as one of the subject; AND Test (STET);
(iv) Certificate of having
(iv) Consistent good academic record. qualified Haryana Teacher Eligibility Test (HTET)/ School Teachers Eligibility Test (STET).
By transfer or deputation:-
(i) M.Sc. Zoology/ Botany/ Bio Science/ Bio Chemistry/ genetics/ Micro Biology/ Plant Pathology/ Bio technology/ Life Science/ Molecular Bio, with at least 50% marks provided that the applicant had studied Botany & Zoology at Graduation level and B.Ed.
from recognized university; AND
(ii) 5 years teaching experience as PGT Biology' AND
(iii) Matric with Hindi/ Sanskrit or 10+2 / B.A./ M.A. with Hindi as one of the subject; AND
(iv) Certificate of having qualified Haryana Teacher Eligibility Test (HTET)/ School Teachers Eligibility test (STET)."
3. Since the posts are to be filled up by way of direct recruitment, M.Sc. qualification in service disciplines enumerated in the aforesaid Rules are mentioned. These are:-
Serial Designation Academic qualifications and experience, if Academic qualification and Number of Posts any, for direct recruitment on contract experience, if any, for basis appointment other than by direct recruitment on contract basis (1) (2) (3) (4) CWP No.13125 of 2012 [12] "11 PGT (i) M.Sc. Zoology/Botony/ Bio Science/ Biology Bio Chemistry/ genetics/ Micro Biology/ Plant Pathology/ Bio technology/ Life xx xx xx xx xx xx xx Science/ Molecular Bio, with at least 50% marks provided that the applicant had studied Botany & Zoology at Graduation level and B.Ed from recognized university; AND"
4. All these petitioners also applied for the post pursuant to the aforesaid advertisement, however, their candidature has been rejected by the Board on the ground that they do not possess M.Sc. in any of the disciplines mentioned in the aforesaid Rule.
5. A reading of the various disciplines mentioned in the aforesaid Rule reveals that it includes "Life Science". These petitioners want their case to be covered by the said Course. It is their contention that they possess M.Sc. in the discipline that falls in "Life Science". Though some other pleas are also raised for claiming themselves to be eligible for the post, it may not be necessary to go into the other aspect(s) raised in these petitions as we are of the opinion that the petitioners are able to make out their case of having qualification of M.Sc. Life Science.
6. It is pointed out at the outset that there is no specific discipline of Life Science i.e. Life Science is not taught as a subject. The petitioners have placed on record the communications received from the State Universities in the State of Haryana itself which disclose that Life Science is a CWP No.13125 of 2012 [13] Faculty and there are various courses being run by Faculty of Life Science. The details of these particulars are as:-
(i) Communication dated 3.10.2012 given by Maharishi Dayanand University, Rohtak, to one Mr. Shiv Kumar, in response to information sought by him under the Right to Information Act, 2005 (for short, 'RTI Act'). It stipulates that various M.Sc. courses are run by the Faculty of Life Science of Maharishi Dayanand University. 16 such courses are specified therein which are as follows:-
"a) The following M.Sc. Courses are being run by the Faculty of life Sciences:-
1. M.Sc. (Biochemistry)
2. M.Sc. (Clinical Bio-chemistry)
3. M.Sc. (Bio-Technology)
4. M.Sc. (Agricultural Bio-Technology)
5. M.Sc. (Bio-Informatics)
6. M.Sc. (Medical Bio-Technology)
7. M.Sc. (Botany)
8. M.Sc. (Environmental Sciences)
9. M.Sc. (Environmental Bio-Technology)
10. M.Sc. (Food Technology)
11. M.Sc. (Genetics)
12. M.Sc. (Forensic Sciences)
13. M.Sc. (Microbiology)
14. M.Sc. (Microbial Bio-Technology)
15. M.Sc. (Zoology)
16. M.Sc. (Genomics)"
(ii) Communication dated 10.10.2012 of Guru Jambheshwar University of Science and Technology, Hisar, is again information supplied under the RTI Act. In this communication, following information is given:-
"............. The point-wise reply to the information sought by the applicant is given as under:-
1. That there are no Bio-Sciences/Life Sciences streams in GJUS&T, Hisar and no M.Sc. courses in Bio-
Sciences/Life Sciences are offered as such. However, M.Sc. in Food Technology and M.Sc. in Bio- Technology pertaining to Bio-Sciences stream fall under the Faculty of Environmental and Bio Sciences & Technology.
CWP No.13125 of 2012 [14]
2. M.Sc. (Environmental Science) subject fall under the Faculty of Environmental and Bio Sciences & Technology of GJUS&T, Hisar.
3. B.Sc/B.Sc. (Hons) or its equivalent with at least 50% marks in aggregate.
4. The university does not impart instructions in the following courses:-
i) M.Sc. Bio Science
ii) M.Sc. Life Science
iii) M.Sc. Biology
No group of the above subjects or stream of these M.Sc. courses is available in the university. However, contents of Bio Sciences, Life Sciences and Biology form significant proportion in M.Sc. courses of Environmental Science, Food Technology and Bio Technology." This communication clearly states that there is no specific course in Bio Sciences/ Life Sciences streams, however, M.Sc. in Food Technology and M.Sc. in Bio-Technology pertaining to Bio Sciences fall under the Faculty of Environmental and Bio Sciences & Technology. It is also specifically mentioned that there is no course known as M.Sc. Life Science.
(iii) Communication dated 11.10.2012 of Chaudhary Devi Lal University, Sirsa, giving the information under the RTI Act, also states that M.Sc. courses which fall under Faculty of Life Science and are taught by the said University, are Biotechnology; Energy and Environmental Sciences; and Food Science and Technology. It is further mentioned that course of M.Sc. Environmental Science falls under the Faculty of Life Science.
(iv) Kurukshetra University, Kurukshetra, has also given information under the RTI Act vide communication dated 22.10.2012, specifying following courses that fall under Faculty of Life Science in this University:-
"Point No.(a) The following M.Sc. courses fall under the Faculty of Life Sciences in K.U.K. CWP No.13125 of 2012 [15] M.Sc. (Bio-chemistry), M.Sc. (Bio-informatics), M.Sc. (Bio0technology), M.Sc. (Botany), M.Sc. in Food & Nutrition, M.Sc. (Human Development), M.Sc. (Clothing and Textiles), M.Sc. (Zoology), M.Sc. (Forensic Science), M.Sc. (Environmental Science) and M.Sc. (Microbiology).
There is no Faculty of Bio-Sciences in this university.
Point No.(b) M.Sc. Environmental Science course falls under the Faculty of Life Sciences."
7. It follows from the above that there is no specific course known as "Life Science". Infact, in all the four universities run by the State of Haryana itself, Life Science is a Faculty and these universities are running various M.Sc. courses under the aforesaid Faculty of Life Science. It is also clear from the above that it is Maharishi Dayanand University, Rohtak, which is running maximum M.Sc. courses under Life Science as it has specified 16 such courses. Therefore, it is clearly inferred that any candidate who has done any such M.Sc. course, specified in the said list of 16 courses, as extracted above, would qualify M.Sc. Life Science.
8. Mr. B.S. Rana, Additional Advocate General, Haryana, has submitted that the above mentioned qualifications/ subjects have been included in the Rules after taking into consideration the qualification prescribed by Kendriya Vidyalaya Samiti and erstwhile Haryana State Education Lecturer School Cadre (Group C) Service Rules, 1998. It is also CWP No.13125 of 2012 [16] mentioned that in addition, there was consultation with academicians/ educationist working in the department. To ensure optimum level, condition of having Botany and Zoology at Graduation level has been introduced, which did not exist in the previous rules. It is also stated that no qualification/ subjects have been omitted from the old rules, instead new subject of Molecular Bilogy has been added. The qualifications, in every subject having relation with the subject that has been considered by the subject experts for appointment to the post of PGT, have been laid down by a conscious decision and not mentioning the word 'equivalent' is also a conscious decision, as the syllabus to be taught at 10+2 level is the basic consideration for prescribing the qualifications for the post of PGT in each subject.
9. Learned counsel may be right in his submission. There is no denial of the fact that it is the employer who has to prescribe the qualifications which are required for a particular post. Again that is the job of the experts and courses are not to be interfered therewith. However, this Court is not indulging in any such exercise. "Life Science" is itself stipulated in the aforesaid Rule as the qualification which would make a candidate eligible. Therefore, the only question which needs determination is as to which course would come within the expression "Life Science" as that is specifically stipulated and CWP No.13125 of 2012 [17] included in the eligibility qualifications. It is here that we have pointed out the communications from the four universities of the State of Haryana which have stated in no uncertain terms that all the aforesaid courses would be covered by Life Science.
10. We repeatedly asked Mr. B.S. Rana, Additional Advocate General, Haryana, as to whether there is any specific course of Life Science as it was his contention that these four universities may not be teaching the course of Life Science but it may be that this course is specifically taught by some other universities, however, he was unable to give any reply to the same. In the absence of any other reply coming forward and having regard to the courses explained by the four universities of the State of Haryana, we are left with no option but to hold that the candidates who have done any of the aforesaid 16 M.Sc. courses, would satisfy the eligibility condition by covering his/her case as M.Sc. Life Science. By holding so, we are not going into the issue as to whether it is equivalent to the other courses i.e. M.Sc. Zoology/ Botany/ Bio Science/ Bio Chemistry etc. That would have been the case if the discipline of Life Science had not been mentioned and this Court had undertaken the exercise as to whether Life Science is equivalent to the other courses. It is stated at the cost of repetition that M.Sc. Life Science would include as one of the qualifications under the CWP No.13125 of 2012 [18] Rules itself. As a result of this, the petitioners, wherein they have done one or the other M.Sc. course of the aforesaid 16 M.Sc. courses, would be treated as eligible for consideration to the post of PGT Bilogy.
11. In so far as, argument of Mr. B.S. Rana, Additional Advocate General, Haryana, that, particular degree possessed by the candidate should have relevance to the syllabus which is taught at 10+2 level, is concerned, again it is not for this Court to go into this issue. Once Life Science is included in the eligibility conditions and a candidate is able to demonstrate that he fulfills the conditions, a candidate becomes eligible to be considered for the aforesaid post. It would be a matter for the Selection Committee while interviewing such candidates to decide as to whether they are suitable for the post or not and needs to be selected therefor.
12. We are fortified in our aforesaid conclusion by the orders passed by the Supreme Court dated 2.9.2002 passed in SLP(C) 1716 of 2002 in the case titled "Inder Sain vs. State of Haryana & others". We are reproducing hereunder the said order in its entirety:-
"Leave granted.
Appellant applied for Lecturership in M.Sc. Biology and he was duly selected and appointed by the office letter dated 7 may, 1999. By subsequent letter of 5 July, 1999 issued from the Directorate of Secondary Education, Haryana, his appointment was cancelled on the ground that he did not possess requisite qualification for M.Sc. Biology. It was stated CWP No.13125 of 2012 [19] in this order that Degree of M.Sc. in Environment Science, which the appellant possessed, had not been recognized by the Kurukshetra University. This letter was challenged unsuccessfully before the High Court.
Our attention has been drawn to a letter dated 10 November, 1999 issued from the Financial Commissioner and Secretary, Education Department, Government of Haryana, wherein it has been stated that the Government has decided that the Degree of M.Sc. Environmental Science, issued by Guru Jambeshwar University, Hisar, Haryana, it to be treated as equivalent to M.Sc. Biology. It is further stated in this letter that the appellant who had been selected as a Lecturer by Haryana State Selection Commission should be taken back in service.
It is not in dispute that the Financial Commissioner and Secretary, Government of Haryana, Education Department, is an officer superior to one who issued termination letter dated 5 July, 1999. The legal effect of the subsequent letter of 10 November, 1999 must necessarily be that the earlier letter of termination of 5 July, 1999 stood superseded. This being the case, the appellant must be regarded as continuing in service. We, therefore, allow this appeal and set aside the order of the High Court with the observation that the appellant will be regarded as continuing in service by virtue of letter dated 10 November, 1999. We make it clear that we not deciding on the validity of the letter of 10 November, 1999"
13. In view of the above discussion, the petitions are allowed. It is the petitioners who were allowed to appear in the interview provisionally by interim orders of this Court. If they have already been interviewed, they would now be considered on their own merit. Those petitioners who have not been interviewed so far, shall be interviewed by the Selection Committee subject to fulfillment of other qualifications.
(A.K. Sikri)
Chief Justice
(Rakesh Kumar Jain)
December 04, 2012 Judge
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