Appeal dismissed against Single Judge's order dismissing a writ petition. Appellant held a three-year B.Sc. Fashion Designing degree via distance education, which did not meet the advertised requirement of a four-year First Class B.Sc. in Fashion Designing for the Lecturer position.
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LPA No. 124 of 2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No. 124 of 2010
Date of Decision 22.07.2010
Kuldeep
-----Appellant
Versus
State of Haryana and others
---Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE A.N. JINDAL
Present: Mr. R.K. Malik, Sr. Advocate with Mr. Kohal Sharma, Advocate for the appellant.
Ms. Mamta Singhal Talwar, AAG, Haryana for the respondents.
M.M. Kumar, J.
The learned Single Judge has rejected the claim of the appellant for appointment to the post of Lecturer on the ground that after opening the sealed cover containing the result of the appellant, it was found that she had secured 37.38% marks whereas the last candidate selected had secured 46.27% marks. The writ petition was dismissed by the learned Single Judge on account of the aforesaid fact that appellant had not secured adequate marks to be appointed as Lecturer in the subject of Fashion Designing.
Feeling aggrieved, the appellant has approached this Court by filing the instant appeal under Clause X of the Letters
LPA No. 124 of 2010
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Patent. The appellant has admittedly acquired the degree of B.Sc. Fashion Designing by the mode of distance education as is evident from the certificate (Annexure P6). The aforesaid qualification has not been considered equivalent to the one advertised by the respondents. According to the advertisement for the post of Lecturer in Fashion Designing, the first class bachelor degree in Fashion Designing is required along with knowledge of Hindi, Sanskrit upto matric standard. The aforesaid bachelor degree is of four years duration and as per guidelines of All India Council for Teachers Education. The B.Sc. Fashion Designing through distance education, which is done by the appellant would not be regarded equivalent to the one advertised by the respondents because it is of three years duration even if it is assumed that out of seven posts of Lecturer Fashion Designing, advertised by the respondents, two have remained unfilled. The appellant would not still make the grade as he does not answer the qualification of B.Sc. Fashion Designing with four years' course. There is, thus, no merit in the appeal.
Accordingly, the writ petition is dismissed.
(M.M. KUMAR) JUDGE
(A.N. JINDAL) JUDGE
July 22, 2010 Atul
1 issue framed by the court
Whether a B.Sc. Fashion Designing degree obtained through distance education of three years duration qualifies for recruitment to a Lecturer post requiring a four-year First Class B.Sc. in Fashion Des
Kuldeep
State of Haryana
M.M. Kumar
A.N. Jindal
As recorded by the court registry
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