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.