IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 6649 of 1991 Date of Decision: 9.12.2009. Ishar Singh --Petitioner Versus State of Punjab and others --Respondents CORAM:- HON'BLE MR.JUSTICE M.M. KUMAR. 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgement should be reported in the Digest? Present:- Ms. Maninder, Advocate for the petitioner. Mr. Rajesh Garg, Addl. A.G., Punjab. *** M.M. KUMAR.J The petitioner has approached this Court with a prayer for issuance of directions to the respondents to treat him as a Punjabi Teacher and also grant him the pay scale of the post of Punjabi Teacher. He claimed that he had been performing the duty of Punjabi Teacher from the very beginning and also possessed the requisite qualification required for the post. Brief facts of the case are that the petitioner was appointed as Punjabi Teacher on 20.9.1985 in a privately managed recognized school known as Public High School, Sariana, District Hoshiarpur. At the time of appointment he possessed the qualification of J.B.T with Giani. His appointment by the D.P.I was approved as J.B.T Teacher as is evident from the averments made in para 2 of the writ petition. The school was taken over by the State of Punjab on 12.1.1987. The services of the petitioner CWP. No. 6649 of 1991 -2- were also taken over as J.B.T Teacher. The petitioner has placed reliance on the case of one Jagjit Singh, who was working in another school, which was taken over on 17.2.1987. A representation was sent to the D.E.O ventilating the grievance of the petitioner, which was endorsed by the D.E.O, Hoshiarpur to the D.P.I on 22.8.1988 (Annexure P-6). It was recommended that the case of the petitioner is similar to Jagjit Singh, who possessed the same qualification and therefore he may be given the same pay scale. In the written statement filed by the respondents the stand taken in para 2 thereof is that for appointment as Punjabi Teacher the qualification prescribed is Matriculation with Giani or Prabhakar with O.T. Admittedly the petitioner did not have the qualification of O.T and therefore, could not be adjusted as Punjabi Teacher. The respondents have also denied any discrimination with the petitioner. Having heard learned counsel for the parties, I am of the considered view that in the absence of fulfillment of the basic qualification for appointment to the post of Punjabi Teacher, no claim could successfully be made either for claiming the pay scale or the post of Punjabi/Language Teacher. Thus, there is no merit in this petition and consequently the same is dismissed. (M.M. KUMAR) JUDGE 9.12.2009 lucky