S.C.MITAL, S.S.KANG, S.S.SANDHAWALIA
Som Dutt – Appellant
Versus
State Of Haryana – Respondent
S.S.SANDHAWALIA, J.
1. Where the qualifications for a post are spelt out by a statute, or precisely prescribed by the employer-State. can it insist on literal adherence thereto irrespective of either an unprescribed equivalent or a higher academic qualification therefrom possessed by applicants seeking appointments to the said post ? This is the common core quest on in this set of five petitions referred for an authoritative decision by the Full Bench.
2. The matrix of somewhat similar facts may be taken from C. W. P. No. 2231 of 1983 (Som Datt v. State of Haryana). The petitioner therein had secured his M. A. degree from the Agra University and later had passed the Bachelor of Education Examination from the Kurukshetra University. In response to an advertisement made by respondent 2 Director of School Education, Haryana for 1679 posts of J. B. T. Teachers, he applied for appointment thereto. Admittedly, the prescribed qualifications for the said posts were as under :
"(i) Matric (Full) with English as one of the subjects.
(ii) Pass in two year J. B. T./Diploma in Education Training Course from the Haryana Education Department or equivalent qualification recognised by the H
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