120 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1402 of 2025 (O&M)

Date of Decision:12.05.2025 PREETI MALIK AND ANOTHER ..…... Appellants V/s.

STATE OF HARYANA AND OTHERS ….....Respondents CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE H.S. GREWAL ***

Present: Mr. Chetan Mittal, Sr. Advocate with Mr. Udit Garg, Advocate Mrs. Shifali Goyal, Advocate and Mr. Avichal Sharma, Advocate for the appellants.

Ms. Shruti Jain Goyal, Sr. DAG, Haryana.

***

SANJEEV PRAKASH SHARMA, J. (ORAL)

CM No.3436-2025 Allowed as prayed for.

CM No.3435-2025 The present application has been filed seeking condonation of delay of 08 days in refiling the present appeal.

For the reasons mentioned in the application, the same is allowed and delay of 08 days is hereby condoned.

Main case The challenge in the present appeal is to the order/ judgment dated

19.02.2025 passed in a bunch of writ petitions whereby direction sought to the respondents to issue appointment letter for the post of Art and Craft Teachers were rejected.

2. Counsel for the appellant submits that although the advertisement was issued on 20.07.2006, the petitioners deserve to be offered appointment as they are higher in merits than 178 candidates who have been appointed conditionally vide order dated 09.11.2022 passed by this Court. Learned counsel for the petitioner submits that so far the present appellants are concerned, they both possess qualification i.e. Diploma of Arts and Craft from Kurukshetra University and the said diploma obtained by them was not being considered as the requisite qualification. The appellants are stated to have diploma from Kurukshetra University and were higher meritorious than such 178 candidates, therefore, their candidature has not been considered. He further submits that if the said posts are to be meant by such persons, the petitioners have right over and above to be considered for the said posts. He submits that 178 candidates have been allowed to be continued as diminishing cadre. In the given circumstances, the appellants cannot be kept out while in possession of qualification on higher merits and posts of Teacher should be offered to them with regard to the advertisement issued on 20.07.2006 vide advertisement no.6/2006.

3. 816 posts of Art and Craft Teachers were sought to be filled by State of Haryana with the criteria including 2 years Diploma in Art and Craft conducted by the Haryana Industrial Training Department or equivalent qualification governed by the Haryana Education Department. The entire controversy started with the letter issued by the Director, School Education Haryana on 12.12.2006 holding that only those candidates who possess Diploma in Art and Craft conducted by Director, Haryana Industrial Training Department were to be recognized for the purpose of selection and those candidates who have secured Diploma of Art and Craft from Kurukshetra University or other University would be denied consideration on the ground that said qualification is not recognized by the State. Resultantly, several candidates which are included in the present appeal were left out from the said selection. Aggrieved of the said issue, this petition has been filed, and the interim orders were passed allowing candidates who possess Diploma of Kurukshetra University to participate in the selection process. The appellants who participated in the selection process and their results were also declared on merit as a separate class. It appears that the selection process was challenged and learned Single Judge of High Court of Punjab and Haryana vide judgment dated 20.02.2015 quashed the same and the selection held pursuant to advertisement of 2006. Subsequently, they were considered for appointment during fresh selection which was held and on 14.11.2021, a list was prepared. The new list indicated 756 candidates and 64 candidates were placed in the waiting list out of total these 820 candidates, 613 candidates were selected and 54 candidates we