Asha Dudeja v. State of Haryana & Ors.
Case at a glance
- Decided
- 23 Apr 2012
- Bench
- AUGUSTINE GEORGE MASIH
Provisions considered
Judgment
CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. S.K.Panwar, Advocate, for the petitioner. AUGUSTINE GEORGE MASIH, J. (ORAL) Petitioner has approached this Court impugning order dated 14.03.2012 (Annexure P-7 Colly.), vide which, in compliance with the order passed by this Court in CWP No. 4676 of 2011 preferred by the petitioner, the claim of the petitioner has been duly considered and it has been found that the same cannot be accepted as she does not fulfil the basic qualification of Subject Combination as per prescribed Service Rules for appointment to the post of Social Study Mistress. CWP No. 7241 of 2012 2 Counsel for the petitioner contends that the petitioner is pursuing her Bachelor of Arts Degree and she is likely to complete the same in a short time from now. He further contends that as per the notification dated 10.06.2011 (Annexure P-9) issued by the National Council for Teacher Education, under Section 4 of the Right of Children to Free and Compulsory Education Act, 2009, the minimum qualification prescribed for the post of Masters/Mistresses specified is B.A./B.Sc./B.Com.
With 2 years Diploma in Elementary Education or B.Ed. Since the petitioner possesses B.Com. and the B.Ed. Degree as well, she is eligible for appointment to the post of Master/Mistress and, therefore, the order dated 14.03.2012 (Annexure P-7 Colly.) passed by the Director, Elementary Education, Haryana, cannot sustain. I have considered the submissions made by the counsel for the petitioner. It is not in dispute that for appointment to the post of Master/Mistress, apart from basic qualifications, there is a subject combination also prescribed depending upon the post, on which a person is seeking appointment. For appointment to the post of S.S.Master, the subject combination has been prescribed under the Haryana State Education School Cadre (Group C) Service Rules, 1998 and Appendix B provides for the subject combination, according to which, a person to be appointed to the post of S.S. Master has to possess B.A. Degree with at least two subjects out of History, CWP No.
7241 of 2012 3 Political Science, Economics, Geography, Public Administration, Sociology and knowledge of Hindi up to Matric Standard. Petitioner does not possess the said qualifications as she is having a degree of B.Com. In the light of the requirements of the statutory Rules, petitioner does not possess the qualifications for appointment to the post of S.S.Mistress. In the light of the above, the impugned order dated
14.03.2012 (Annexure P-7 Colly.), being in accordance with law, does not call for any interference by this Court. Dismissed. April 23, 2012 (AUGUSTINE GEORGE MASIH ) JUDGE
Questions this judgment answers
Which statutory provisions did this judgment involve?
Right of Children to Free and Compulsory Education Act, 2009 — s. 4.
Which court decided this case, and when?
Punjab & Haryana High Court, on 23 Apr 2012. The bench was AUGUSTINE GEORGE MASIH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.