The judgment establishes the principle that long and dependable service can justify relaxation of qualification requirements in special circumstances.

Rajiv Narain Raina, J.

1. The petitioner served the Education Department, Haryana as a Lecturer in English (School Cadre) from November 1985 till her retirement on July 31, 2014. Her initial appointment was on ad hoc basis but she was recruited through Selection Committee from amongst names sponsored by the Employment Exchange. She was retired in the same status after she was unsuccessful in her struggle to get her services regularized. Her service in the department was to the satisfaction to her superiors as her work was not adversely commented upon. She retired from service without any blemish regarding her work and conduct.

2. The Government of Haryana issued various notifications from time to time for regularization of services of ad hoc employees etc. who completed a minimum of two years service as on the day specified under the policies. These notifications are dated January 28, 1970, February 28, 1991, June 01, 1993, May 11, 1994, March 07, 1996 copies of which are attached as Annex P-3 to P-6.

3. The next important milestone in the career of the petitioner came on August 26, 1997 when the Governor of Haryana was pleased to regularize the services of all such ad hoc Clause III employees who have completed two years of service on September 30, 1988. The petitioner had put in two years of service prior to the cut off date but her case was kept pending. She made a representation in 1992 to the Director, Secondary Education, Haryana requesting that her services be regularized as per the notification issued by the Government. Her service book was sent by the school authorities to the District Education Officer, Sirsa in April 1991 for onward submission to the Director, Secondary Education, Haryana but no action was taken thereon, though other similarly situated employees were regularized. Thereafter, the matter kept shuttling between different authorities, the case remaining unresolved inspite of repeated requests made by the District Education Officer to the higher authorities.

4. A refurbished regularization policy was notified by the Haryana Government on November 05, 1999 agreeing as a one-time policy measure to regularize the services of all such Group-C employees who had been holding the post for a minimum period of 15 years from the date of publication of the notification and who were in service on that date and whose services could not be regularized earlier under the regularization policy due to lack of minimum educational qualification.

5. The hitch which kept the petitioner from her goal of being declared regular Government servant is that in her M.A. in English she secured 48% marks while 50% marks were required and for this reason, the claim for regularization has not been positively considered.

6. In the written statement filed to contest the petition it is admitted that the petitioner was selected as a PGT in English. The departmental instructions dated April 23, 1985 were in force at the time of appointment and as per Clause 12 of these guidelines issued by the Director Secondary Education, Haryana, the minimum qualification for the post of Lecturer was as follows:-

“A lecturer teaching any subject of general education spectrum at plus 2 stage should posses postgraduate qualification (M.A./M.Sc./M.Com) with at least 50% marks in the subject concerned.

The condition of 50% marks in M.A./M.Sc./M.Com will not apply to the lecturers who are already teaching 11' class and are regularly employed. The lecturers in the following subjects could also have the qualifications mentioned against each”

7. The rule was not made completely inflexible. Relaxation was granted to those Lecturers already teaching 11th class and who were regularly employed. “Regularly employed” obviously would mean prior to the instructions dated April 23, 1985. State admits that the petitioner was appointed on the basis of recommendations by the Departmental Selection Committee. The State blames the District Education Department not to have veri