ORDER

The respondents herein were in the service of the appellant-State as Language Teachers. They were appointed a long time back.

2. The question which arises for consideration in these appeals is as to whether the Certificate of Junior Basic Training Course (for short "J.B.T.") is equivalent to that of Orientation Training (for short "O.T.").

3. The essential qualification for holding of the post of Language Teacher is said to be "(i) Matric from Punjab University or Board of School Education Haryana or an equivalent qualification recognised by the said Board; (ii) Prabhakar (Honours in Hindi) from a recognised University; and (iii) pass in LTC (OT) examination in Hindi conducted by the Haryana Education Department or an equivalent qualification recognised by the Haryana Education Department - OR - Graduate from a recognised University with Hindi as an elective subject/M.A. in Hindi from a recognised University/B.A. (Honours) in Hindi with B.T./B.Ed. or equivalent in all the cases." The said qualification was laid down by the appellant-State by amending the Punjab Educational Service Rules, 1955 by reason of Punjab Educational Service, Class-III School Cadre (First Amendment) Rules, 1995.

4. It is not in dispute that in the 1955 Rules, the requirement was to hold the qualification of STC or OT Course. The course of study for JBT was started in 1957. On or about 12.3.1976, however, the State itself prescribed the qualifications for appointment of Language Teachers, the material part whereof is as under:

"Subject : Qualifications for the appointment of language teachers.

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Hindi Teachers Matric Prabhakar O.T. or J.B.T. Punjabi Teachers Matric-Giani O.T. or J.B.T. Sanskrit Teachers Shastri-O.T."

Yet again in the year 1983 some instructions were issued for appointment of Language Teachers wherein the qualifications were laid down as Matriculation Prabhakar, L.T.C. or O.T. or equivalent qualification recognised by the State. When the said instructions were issued, a writ petition was filed by the Teachers in service on an apprehension that their services would be terminated. The said writ petition titled Gurcharan Singh & Anr. vs. State of Haryana & Ors. being Civil Writ Petition No. 206 of 1984 came to be decided and was allowed by a judgment of the Punjab & Haryana High Court and it was held as under :

"......In the face of this factual position, the respondent authorities, to my mind, were entitled to prescribe any other course and more particularly J.B.T. Course as equivalent to O.T. This was precisely so done by these authorities vide Annexure P-1 not only this when a clarification was sought by one Shakuntla Sharma Hindi Teacher in a private school vide Annexure P-3 dated April 5, 1979, the office of the Director of Public Instructions, Haryana informed her that the qualification for the post of Hindi Teacher should be Matric (Full) Prabhakar with O.T. (Hindi) of J.B.T. Course (Two years course). This communication marks it more than clear that with the abolition of S.T. Course with effect from the year 1958 the J.B.T. Course which admittedly was started in the year 1957, was either taken as a substitute for the first course of atleast equivalent to O.T. course....."

It is not in dispute that the special leave petition against the said decision has already been dismissed.

5. As despite possessing the said qualifications the respondents were not promoted, they filed writ petitions before the Punjab & Haryana High Court under Article 226 of the Constitution of India. By reason of the impugned judgment, the High Court relying upon the decision in Gurcharan Singh (supra) allowed the writ petitions directing that the case of the respondents be considered for promotion treating the J.B.T. Course as equivalent to that of O.T. in Hindi. It is against the said judgment, the State of Haryana is in appeal before us.

6. Learned Additional Solicitor General appearing for the State urged that in view of sub-rule (2) of Rule 2 of t