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Rakesh Kumar And Others vs State Of Haryana And Others on 6 November, 2019

decided on 20.01.2014 wherein candidates applied for the post of PGT, Sanskrit and they were apprehending that their candidature will be rejected as they do no possess M.A Degree in Sanskrit. Petitioners have passed their Acharaya Degree from Kurukshetra University, Sampurnand Sanskrit University, Varanasi. Their claim was based upon CWP No. 6686-1996 titled as Ravinder Kumar vs. State of Haryana, decided on 24.01.1996, where Acharya degree passed from the KUK has been held to be equivalent to M.A in Sanskrit on the basis of the Government of India letter dated 23.01.1964 as also the judgment of Hon'ble the Supreme Court of India in Rampalit Vyakaran Acharya and others vs. Panjab University and another, 1976 (3) SCC 2. The writ petition was dismissed on the ground that there is no question of treating an equivalent qualification when there is no such discretion provided for under the Statutory Rules. The qualification under the Statutory Rules being clear and specific i.e M.A Sanskrit with at least 50% marks, the Court cannot import such a condition/qualification which would make the candidate possessing an equivalent degree eligible for appointment when the statutory rules do not permit so. The letter dated 21.11.1990 issued by the department of the Central Government which is no ipso facto applicable. There is no decision of the State of Haryana adopting the said letter.
Punjab-Haryana High Court Cites 29 - Cited by 13 - R Bahri - Full Document

Vikas Sharma vs State Of Haryana And Others on 20 March, 2014

Similar was the position in Ramphalit Vyakaran Acharya's case (supra) where again it appears that the equivalent qualification was acceptable and, therefore, the degree of Acharya was treated as equivalent to that of M.A. Reliance upon the Central Government letter dated 21.11.1990 issued by the Ministry of Personnel, PG & Pensions (Department of Personnel & Training, New Delhi, to contend that the Acharya degree is equivalent to the M.A. degree, cannot be pressed into service to the benefit of the petitioners as it is the right, privilege and prerogative of the employer to accept a particular qualification as equivalent or not. In any case, in the present case, there is no question of treating an equivalent qualification when there is no such discretion provided for under the statutory rules. The qualification under the statutory rules being clear and specific i.e. M.A. Sanskrit with at least 50% marks, the Court cannot import such a condition/qualification which would make the candidate possessing an equivalent degree eligible for appointment when the statutory rules do not permit so. In any case, the letter dated 21.11.1990 issued by the Department of the Central Government which is not ipso facto applicable. There is no decision of the State of Haryana adopting the said letter.
Punjab-Haryana High Court Cites 4 - Cited by 12 - A G Masih - Full Document

Nandan Mishra vs University Of Delhi & Ors on 12 May, 2015

In Rampalit Vyakaran Acharya (supra), the Supreme Court considered the case of Acharyas who were appointed in Vishveshvaranand W.P.(C) 6320/2012 Page 6 of 13 Institute of Sanskrit and Indological Studies, Hoshiarpur. The said institute was taken over by the Punjab University. The Court noted that the Vice Chancellor had recommended that the pay scales of personnel in the traditional section be brought in line with the grades obtaining in the University. This recommendation was agreed to. The Supreme Court considered the controversy and upheld the view that the qualification of Acharya was equivalent to that of MA. The relevant extract of the said judgment is quoted below:-
Delhi High Court Cites 11 - Cited by 0 - V Bakhru - Full Document

Ajeet Kumar vs State Th.Education Deptt. And Ors. on 26 July, 2016

15. The decision in Ram Palit Vyakaran Acharaya' case was in the context of claim for pay scales as Acharyas. Hon‟ble Supreme Court held that there was no need for the Acharayas to have additional degree of M.A. Sanskrit in order to be entitled to the grade claimed. The said decision is in a totally different context. Relevant extract of the judgment is reproduced hereunder :
Jammu & Kashmir High Court Cites 11 - Cited by 0 - B S Walia - Full Document

Dev Raj Kashyap And Others vs The State Of Punjab Through The ... on 28 September, 2011

The petitioners have relied on the judgment in Rampalit Vyakaran Acharya and others Vs. Panjab University, Chandigarh and another AIR 1975 SC 2478 that held that after Vishvesharan institute of Sanskrit and Indological Studies in Hoshiarpur were taken over by the Panjab University, the persons who had obtained degrees of Acharya appointed in the teaching department of the institutes as Pandits need not have any MA degree in order to be entitled to scales of Lecturers and after the services had been taken over by the University, they were entitled to scales of pay appertaining to Acharayas and as available to them during the relevant period. This was in the context of an admitted withdrawal of benefit by the fact and they did not hold MA degrees in Sanskrit.
Punjab-Haryana High Court Cites 6 - Cited by 0 - K Kannan - Full Document

Shri Lajja Ram Sanskrit Mahavidyalya vs Union Of India And Others on 18 September, 2012

The Hon'ble Supreme Court in Rampalit Vyakaran Acharya and others Vs. Punjab University, Chandigarh and another, (1976) 3 Supreme Court Cases 282 found that Acharya is equivalent to M.A on the basis of a letter issued by the Government of India dated 23.1.1964. This was while considering the qualification like Shastri CIVIL WRIT PETITION NO.9204 OF 2007 :{ 7 }:
Punjab-Haryana High Court Cites 3 - Cited by 2 - R Singh - Full Document

Hari Dutt Sharma And Others vs State Of Punjab And Another on 26 March, 2013

The petitioners have relied on the judgment in Rampalit Vyakaran Acharya and others Vs. Panjab University, Chandigarh and another AIR 1975 SC 2478 that held that after Vishvesharan institute of Sanskrit and Indological Studies in Hoshiarpur were taken over by the Panjab University, the persons who had obtained degrees of Acharya appointed in the teaching LPA No. 76 of 2012 15 department of the institutes as Pandits need not have any MA degree in order to be entitled to scales of Lecturers and after the services had been taken over by the University, they were entitled to scales of pay appertaining to Acharayas and as available to them during the relevant period. This was in the context of an admitted withdrawal of benefit by the fact and they did not hold MA degrees in Sanskrit.
Punjab-Haryana High Court Cites 6 - Cited by 2 - Full Document

Satish Kumar vs State Of Haryana And Ors on 10 September, 2014

Similar was the position in Ramphalit Vyakaran Acharya's case (supra) where again it appears that the equivalent qualification was acceptable and, therefore, the degree of Acharya was treated as equivalent to that of M.A. Reliance upon the Central Government letter dated 21.11.1990 issued by the Ministry of Personnel, PG & Pensions (Department of Personnel & Training, New Delhi, to contend that the Acharya degree is equivalent to the M.A. degree, cannot be pressed into service to the benefit of the petitioners as it is the right, privilege and prerogative of the employer to accept a particular qualification as equivalent or not. In any case, in the present case, there is no Rajan Kumar 2014.09.30 16:47 I attest to the accuracy and integrity of this document Chandigarh LPA No.1121 of 2014(O&M) & Anr. -7- question of treating an equivalent qualification when there is no such discretion provided for under the statutory rules."
Punjab-Haryana High Court Cites 2 - Cited by 0 - A Palli - Full Document
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