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Showing contexts for: computer science in Sunil Sharma And Ors vs State Of Haryana & Ors on 1 October, 2015Matching Fragments
By this order, we shall dispose of CWP No.19126 of 2015 and CWP No.19909 of 2015 raising identical question of laws and facts.
The challenge in the writ petitions is to the essential qualifications prescribed for Post Graduate Teacher (for short 'PGT') Computer Science wherein only M.Sc. Computer Science/Master in Computer Applications (for short 'MCA') through regular course are made eligible for consideration for appointment as prescribed in Appendix B of Haryana State Education School Cadre (Group-B) Service Rules, 2012 (for short 'the Rules').
The petitioners have obtained MCA or M.Sc. Computer Science through Distance Education Mode from Punjab Technical University, Jalandhar; Kurukshetra University; Guru Jambheshwar University of Sciences and Technology, Hisar; Maharshi Dayanand University, Rohtak or Chaudhary Devi Lal University, Sirsa. Haryana Staff Selection Commission vide advertisement on 05.07.2015 invited applications for 446 posts of PGT Computer Science. Such post is governed by statutory Rules called 'The Haryana State Education School Cadre (Group-B) Service Rules, 2012'. Rule 9 of the Rules contemplates that PGT Computer Science are to be appointed by direct recruitment on contract basis or by transfer or deputation of an official already in service of any State Government or Government of India. The relevant extract from the Rules, reads as under:-
xx xx xx
APPENDIX B
(see rule-7)
Serial Designation of Academic qualifications and Academic qualification
Number Posts experience, if any, for direct and experience, if any,
recruitment on contract basis for appointment other
than by direct
recruitment on contract
basis
(1) (2) (3) (4)
1 xx xx xx
23. PGT (i) M.Sc. Computer Science By Transfer or
Computer (Regular two year course) / deputation:-
Science MCA (Regular three year
course) / BE/B.Tech. (i) M.Sc. Computer
Computer Science / Computer Science
Engg. / IT (Regular course) (Regular two year
with course) /
55% aggregate marks from a MCA (Regular three
recognized university; year course) / BE/
B.Tech. Computer
(ii) Matric with Hindi / Science / Computer
Sanskrit or 10+2 / B.A./ M.A. Engg. / IT (Regular
with Hindi as oneof the course) with 55%
subject. aggregate marks from a
recognized university;
(iii) Certificate of having
qualified Haryana teachers (ii) 5 years teaching
Eligibility Test experience as PGT
(HTET) / School Teachers computer science
Eligibility Test (STET).
(iii) Matric with Hindi /
(iv) Consistent good Sanskrit or10+2/ B.A./
academic record. M.A. with Hindi as one
of the subject.
(iv) Certificate of
having qualified
Haryana Teacher
Eligibility Test (HTET)
/ School Teachers
Eligibility Test (STET)
xx xx xx xx
It is contended that duration of course; mode of examination and syllabus for obtaining degree in M.Sc. Computer Science or MCA is same. Therefore, the mode of acquiring such degree cannot be made basis of the process of appointment. It is pointed out that in respect of PGT Physics; Chemistry; Biology or other Science faculties, no distinction has been made between regular student or a student through distance education mode. Therefore, the distinction in the case of PGT Computer Science between regular course and through distance education mode is arbitrary and unreasonable.