Dharmender vs State of Haryana and others

Augustine George Masih, J.

CM No. 9022 of 2012

CM is allowed. Advertisement dated 7.6.2012 (Annexure-P-13) is taken on record.

CWP No. 7940 of 2011

Petitioner has approached this Court with a grievance that he possesses the degree of M.Sc. Mathematics and Computing with 82.1% marks from the Indian School of Mines University, Dhanbad, which has not been taken into consideration as the degree called for filling up the temporary post of Lecturer (School Cadre) HES-II Group B. Counsel for the petitioner contends that the petitioner has obtained a degree in M.Sc. Mathematics and Computing, which fulfills the minimum required qualification for appointment to the post of Lecturer (School Cadre) Maths. He contends that the qualifications prescribed under the statutory rules and the advertisement for being eligible for appointment to the post of Lecturer Maths, is M.A./M.Sc. Maths/Mathematics Statistics with at least 50% marks from a recognized University. This qualification is possessed by the petitioner as he has obtained a degree in M.Sc. Mathematics and Computing wherein computing appears to be an additional qualification and which apart from Mathematics has been blended in the degree of Mathematics, which the petitioner has obtained. Since the petitioner possesses the minimum requirement of M.Sc. Mathematics, the rejection of the candidature of the petitioner by the Haryana Public Service Commission, Panchkula/respondent No. 3, vide letter dated 13.4.2011 (Annexure-P-10) is not sustainable.

On the other hand, counsel for respondent on the basis of the written statement filed by the Haryana Public Service Commission submits that the petitioner does not possess the Post Graduate Degree in the relevant subject which is Mathematics. His contention is that the requirement was Post Graduate Degree in Mathematics alone, which the petitioner does not possess and therefore, the degree which has been possessed by the petitioner i.e. M.Sc. Mathematics and Computing is altogether a different degree, which cannot be treated as the required qualification for being eligible for appointment to the post of Lecturer in Maths. In support of this contention, counsel for the respondent has placed reliance upon the judgments of this Court in CWP No. 6704 of 2011 titled as Narender Kumar and another Versus Haryana Public Service Commission, decided on 24.4.2012 and CWP No. 15124 of 2011 titled as Prabal Jyoti Versus State of Haryana and others, decided on 10.5.2012.

I have considered the submissions made by the counsel for the parties and with their assistance have gone through the records of the case.

A perusal of the degree possessed by the petitioner, copies whereof have been appended as Annexures-P-7 and P-8 with the writ petition, would show that the petitioner has obtained a degree of Master of Science in Mathematics and Computing from the Indian School of Mines University, Dhanbad. As the name itself suggests that petitioner has an M.Sc. degree in Maths, wherein additional subject of computing has also been gelled and has been cleared by the petitioner. It is not in dispute that the degree possessed by the petitioner is a recognized degree and the only ground, which has been taken by the Haryana Public Service Commission for rejecting the candidature of the petitioner is that he does not possess M.Sc. Degree in the relevant subject, which stand of the respondents cannot be accepted in the light of the fact that the basic qualification of M.Sc. Mathematics is possessed by the petitioner. The judgments of this Court in the cases of Narender Kumar and another (supra) and Prabal Jyoti (supra) would not apply in the present case in the given facts and circumstances, as the petitioner herein possesses minimum qualification prescribed in the advertisement.

In view of the above, it is held that the petitioner possesses the requisite qualification as per the advertisement dated 18.6.2009 (Annexure-P1) and the rejection of the candidature of the petitioner, vide letter dated 13.4.2011 (Annexure-P-10) cannot sustain and is hereby set aside.

It would not be out of way to mention here that the candidature of the petitioner for taking part in the selection for appointment to the post of Lecturer in Mathematics was considered by the respondents in the light of an interim order passed by this Court, but the petitioner could not make the grade, therefore, no further benefit can be granted to him. The present writ petition is thus allowed in above terms.