Civil Writ Petition No. 11995 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 11995 of 2007 Date of decision: 21.7.2009 Suresh Kumar and others ...petitioners Versus State of Haryana and others ...respondents. CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. R.K. Malik, Senior Advocate with Mr. Ashish Chaudhary, Advocate for the petitioners. Mr. Harish Rathee, Sr.DAG, Haryana for the State. Mr. Ajit Sihag, Advocate for respondent No.4. RANJIT SINGH J. Nine petitioners approached this Court by way of present writ petition seeking direction to the respondents to consider their claim for promotion as PT Master (DPE) from the date when their juniors have been promoted. They seek a declaration that they are duly qualified for the post of PTI Master/DPE. In the written statement filed by the respondents it was disclosed that the case of petitioners No. 3 to 9 was kept pending so as to verify their eligibility. Their eligibility was accordingly established and they have since been promoted w.e.f. 22.8.2008. Now the case of petitioners No. 1 and 2 remains to be decided through the present writ petition. The essential academic qualifications for promotion to the post of PT Master/DPE are Civil Writ Petition No. 11995 of 2007 2 B.A/B.Sc. with D.P.Ed. degree from a recognised university for direct recruitment or 10+2 from Haryana School Education Board or an equivalent qualifications recognised by Haryana School Education Board with B.P.Ed. from recognised university and knowledge of Hindi upto matric standard. For appointment to the post other than direct recruitment, academic qualification of D.P.Ed from a recognised university, knowledge of Hindi upto Matric standard with 3 years experience on the post of PTI is prescribed. Petitioners No. 1 and 2 are seeking consideration for promotion on the post for their appointment other than direct recruitment. Petitioner No. 2 has passed B.P.E. (Three years degree course) (which is infact a B.P.Ed. Course) from Nagpur University on 26.7.2006. The case of the petitioner is that this qualification is admittedly recognised being from Nagpur university. The additional qualification of B.P.Ed. passed by the petitioner from Jiwaji University Gwalior, as per the counsel, can be ignored but still the petitioner would be eligible for consideration and promotion as he has passed the degree from a University which is duly recognised by the State of Haryana. The objection qua petitioner No.1 is that he has obtained Bachelor of Arts Degree, from Indira Gandhi National Open University which as per the respondent is not recognised by the State. The counsel, however, makes reference to Annexure P-3 which is letter issued by Education Commissioner and Secretary to Government of Haryana, Education Department providing that the degree and diploma etc., which are issued by the recongised university and high/higher Secondary Board established by the State Civil Writ Petition No. 11995 of 2007 3 will also be recognised ipso facto. Counsel then would refer to Annexure P-10 attached with the replication which is a communication from University Grants Commission addressed to Indira Gandhi National Open University (IGNOU for short) stating that certificate, diplomas and degrees awarded by IGNOU are to be treated equivalent to the corresponding awards of Universities in the country. Drawing strength from this, the counsel refers to communication Annexure P-4 issued by Financial Commissioner, which inter alia provides that all examinations for Foreign universities/Boards/Examinations Bodies which have been recognised by Association of Indian Universities and the University Grants Commission (UGC) are to be recognised. The counsel accordingly contends that the degree issued by IGNOU having been recognised by University Grants Commission would stand recognised by the State of Haryana, in terms of communication P-4 referred to above. When all these facts are put to counsel for the respondents/State, he submits let the petitioners make a representation with all the degrees and the grounds to urge that the degrees possessed by them are required to be recognised in view of what has been stated above. The state counsel submits that the case of the petitioners shall be considered and in case it is found that these degrees are to be recognised, they shall be promoted from the date their juniors were so promoted if they are otherwise found suitable/eligible. In view of this stand, the writ petition is disposed of with the directions to the petitioners to make a representation on all the grounds that are available to them. Respondents would pass a Civil Writ Petition No. 11995 of 2007 4 speaking order keeping in view the observation made above and would decide, in case, the degrees possessed by the petitioners are required to be recognised in view of the instructions issued by the respondents. In case, degrees possessed by the petitioners are found valid one, the respondents shall promote the petitioners from the date their juniors were so promoted. If the representation is filed within one week, then respondents would decide the same within three months from the receipt of copy of this order. The writ petition is accordingly disposed of. July 21, 2009 ( RANJIT SINGH ) rts JUDGE