Civil Writ Petition No. 2174 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 2174 of 2009 Date of decision: 22.9.2009. Jaipal and others ...petitioners Versus State of Haryana and others ...respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Ms. Anu Chatrath Kapur , Advocate for the petitioners. Mr. Harish Rathee, Sr.DAG, Haryana for the State. RANJIT SINGH J. The petitioners had applied for the post of Hindi teachers. Their applications were rejected on the ground that they have obtained qualification from an institution which is not recognised. The petitioners, however, would claim that they have acquired qualification from an institution, which is recognised and their qualification has been declared equivalent to the qualification prescribed for the post of Hindi teacher by Haryana Government. 405 posts of Hindi teachers were advertised on 20.7.2006. The qualification prescribed for the post of Hindi teacher is matriculation from Haryana School Education Board or an equivalent and Prabhakar/B.A. (Honours) in Hindi from the recognised university alongwith L.T.C./O.T. in Hindi conducted by the Haryana Education Department or equivalent qualification recognised by the Haryana Education Department or B.A. (Honours) Civil Writ Petition No. 2174 of 2009 2 with B.T./B.Ed. with Hindi as a teaching subject from a recognised university and knowledge of Hindi up to Matric standard. These qualifications are prescribed as per the rules. The petitioners have certificate of O.T. awarded by Hindi Sahitya Sammelan, Allahabad, U.P. The submission is that this Sammelan has been created by the act of Parliament and the degree issued by it as such is to be recognised. The petitioners have filed this writ petition against the action of the respondents in not considering the claim of the petitioners for appointment on the ground that they do not possess valid degree. There would not be a much need to adjudicate the issue as the same has been a subject matter of decision by this Court. The respondents have placed reliance on Division Bench judgment of this Court in the case of Ram Bhagat Sharma and others versus State of Haryana and others 1997 (4) RSJ 134. As noticed by the Division Bench, a Committee headed by Sh. S.K. Joshi, Additional Director (Enquiry), Directorate of Secondary Education, Haryana had submitted a report and on the basis thereof it was held that the examinations conducted by the Centres run in Haryana cannot but be described as bogus and the candidates who have passed such examinations are not entitled to be considered for appointment as Hindi teacher. Not only that the Division Bench while dismissing the writ petition in this regard had made some telling observations for protecting the interest of student community, which are as under:- “ With a view to protect the interest of the students community, we direct the Government of Haryana to take steps to prevent future recruitment of persons possessing Civil Writ Petition No. 2174 of 2009 3 qualifications awarded by Hindi Sahitya Sammelan, Allahabad, and/or Hindi Sahitya Sammelan, Prayag, Allahabad, and at the same time take appropriate measures to dispense with the services of unqualified teachers. For this purpose, the Government of Haryana is directed to issue written instructions to all concerned that in future no appointment be given to the persons possessing qualifications by the institutions referred to here-in-above. We also direct the Government of Haryana to take steps for terminating the services of all such teachers who have secured employment on the basis of degrees/diplomas/certificates issued by Hindi Sahitya Sammelan, Allahabad and/or Hindi Sahitya Sammelan, Prayag, Allahabad. However, those who have completed three years service should be given an opportunity to acquire the requisite qualification within a stipulated time. In case they fail to acquire such qualification, then appropriate order be passed to dispense with the services of such persons.” It is seen that the Government of Haryana accordingly was directed to appoint a Committee headed by Secretary Education Department and go into the issue of equivalence and recognition of examinations/degrees, diplomas/certificates and similar other qualifications awarded by the institutions other than the universities established by law or deemed university. It was further directed that this Committee shall also consist of atleast 3 eminent educationalist. It is not clear whether any such Committee was constituted by the Civil Writ Petition No. 2174 of 2009 4 State of Haryana or whether this exercise done by the Division Bench of this Court in the year 1991, has been given effect to or not. In the case of Damyanti versus Union of India, AIR 1971 S.C. 966, the Hon'ble Supreme Court while considering the constitutional validity of Hindi Sahitya Sammelan Act, 1962 has held that the Act to be violative of Article 19(1)(c) of the Constitution. After that no statutes have been enacted by the Legislature of Uttar Pradesh conferring statutory status on Hindi Sahitya Sammelan, Allahabad. In this view of the matter, the degree held by the petitioners cannot be considered to be valid. The State government would also consider the direction issued by the Division Bench of this Court and reconsider the entire issue in regard to recognition of various degrees and diplomas, so that innocent persons of the State are not misled by such like institutions who are awarding illegal diplomas, which ultimately are not found to be valid or recognised one. The writ petition is accordingly disposed of . September 22, 2009 ( RANJIT SINGH ) rts JUDGE