IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.927 of 2009 (O&M) Date of decision: 22.9.2009 Ravi Kadyan and others -----Appellants Vs. State of Haryana and others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. K.L. Dhingra, Advocate for the appellants. ----- ORDER: 1. The appellants are aggrieved by order of learned Single Judge, rejecting challenge to laying down of graduation as qualification for appointment to the posts of J.B.T. teachers. 2. The petitioners are under-graduates with Two Years Diploma in Education. They passed ‘School Teachers Eligibility Test’. On 13.8.2009, advertisement was issued inviting applications for teaching staff in Education Department. Qualifications laid down were graduation with Diploma in Education. The petitioners challenged the advertisement by submitting that under the Haryana Primary Education (Group C) District Cadre Service Rules, 1994 (for short, “the 1994 Rules”), LPA No.927 of 2009 only requirement was of passing of ‘School Teachers Eligibility Test’ which required qualification of 10+2, subject to Graduation being completed within five years. Since the appellants had already passed the ‘School Teachers Eligibility Test’, laying down of qualification of Graduation after the passing of the said test by the petitioners was arbitrary. 3. Learned Single Judge dismissed the writ petition, holding that laying down of qualification of graduation was a matter of policy. 4. We have heard learned counsel for the appellants. 5. Learned counsel for the appellants does not dispute that by the Haryana Primary Education (Group C) District Cadre Service (Amendment) Rules, 2005, the 1994 Rules have been amended vide notification dated 22.7.2005 and minimum eligibility for recruitment as J.B.T. teacher has been laid down to be graduation. 6. In view of amendment to the Rules, even if the appellants passed the ‘School Teachers Eligibility Test’ prior to advertisement, they did not acquire any right to appointment nor this can be a ground to set aside the laying down of graduation as qualification for recruitment to the post of JBT teachers. Moreover, amendment to the rules took place before their passing of test. 7. No ground is, thus, made out for interference with the view taken by learned Single Judge. 2 LPA No.927 of 2009 8. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE September 22, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 3