CWP No.9286 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.9286 of 2010 (O&M) Decided on : 23-02-2011 Subhash Chand ....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. L.KGupta, Advocate for the petitioner Mr. Harish Rathee, Sr. DAG, Haryana Mr. A.S.Virk, Advocate for respondent no.4. Mr. Ramesh Hooda, Advocate for respondent no.5. Mr. Naveen S. Bhardwaj, Advocate for respondent no.6. MAHESH GROVER, J In the instant writ petition filed by the petitioner, he claims that he should be considered for the post of 'Maths Master' for which advertisement was given out in 2009. The eligibility conditions for the said post are as follows: “E.Q (i) BA/B.Sc. with Maths and B.T/B.Ed from a recognized University. OR B.Sc. Education (4 years course) with mathematics from a recognized University. (ii)Certificate of having qualified School Teachers Eligibility Test (STET) CWP No.9286 of 2010 (O&M) 2 (iii)Hindi/Sanskrit upto Matric Standard.” The petitioner claims that he is B.E, B.Ed and has cleared the STET (School Teachers Eligibility Test) and prior to his application he has also worked as a Headmaster who was teaching Maths in a private institution. His further case is that he has obtained information under the Right to Information Act and Guru Jambheshwer University has supported his case that by saying that BE is equivalent to degree of BA/BSci with maths. The respondents have denied his claim and have stated that the eligibility conditions are clear and do not contemplate a degree of equivalent nature and in any case the petitioner who is a Bachelor of Engineering even though a graduate does not fulfil the requisites of a maths teacher. Respondent no.5 is Guru Jambheshwer University which has denied that they have given any such information which suggests that the petitioner is qualified for the post. They have further filed a reply in which they have stated that Maharishi Dayanand University, Rohtak has considered the similar questions as raised by the petitioner and the committee consisting of teachers of Mathematics Department constituted by the said University has opined as under:- “As compared with the syllabus of B.A./B.Sc.(pass course) in Mathematics, the syllabus of Mathematics in B.E. Course is much less that of B.A/B.Sc. The level of B.E course is of elementary level. Hence, no equivalence at all.” Upon perusal of the material on record, I am of the considered opinion that the instant petition is totally mis-conceived. The petitioner is Bachelor of Engineering and by no stretch of imagination it can be CWP No.9286 of 2010 (O&M) 3 construed to be equivalent to BA or B.Sc with maths. Even the information upon which the petitioner has placed reliance is given out by Guru Jambheshwer University does not support the case of the petitioner. They have stated that questions raised by petitioner are hypothetical one and go on to say that three degrees BA/BSci. with maths and B.E can be considered equivalent only to the extent that they are graduate degrees. The Maharishi Dayanand University which has considered the matter has specifically stated that the syllabus of BE course is much less than that of BA and B.Sci with maths. In any eventuality, when any eligibility conditions are prescribed they have the relevance to the post for which said conditions are prescribed. It is for the employer to lay down such conditions which the job in question may require. The Courts cannot substitutes their opinion to hold a particular degree equivalent to one which the employer has prescribed. In any eventuality, a committee of academicians formed by Maharishi Dayanand University has opined that such degrees cannot be equated. Besides the eligibility conditions do not visualise any equivalence of the degrees which have been specified in the prescribed conditions. Looking at it from any angle, the case of the petitioner does not merit any acceptance and the same is hereby dismissed. February 23, 2011 (Mahesh Grover) rekha Judge