A.L Bahri, J.:— State of Haryana advertised for the Posts of Art and Craft Teachers. The petitioner applied for the said post. However, her candidature was rejected by the Haryana Subordinate Service Selection Board (for short ‘the HSSSB’) on, the ground that as per the advertisement the only persons who had obtained the Art and Craft diploma from the Industrial Training Institute Department, Haryana were eligible for that Post and since the petitioner had not obtained her diploma from I.T.I Department, Haryana and was holding the diploma of Art and Craft from Government College of Art at Chandigarh, she was not eligible. The petitioner approached this Court in this petition filed under Articles 226 and 227 of the Constitution of India for issuing a writ of certiorari quashing the order of HSSSB dated July 12, 1988 and for issuing any other appropriate writ, order or direction.
2. Petitioner's case is that she passed Matriculation examination from Haryana School Education Board and thereafter joined Art and Craft Teachers training in Government College of Art and passed the Final Diploma Examination in the year 1985 in Ist Division.
3. Annexure p-1 is the copy of the certificate dated 23rd March, 1987. Annexure p-2 is the certificate in that respect which is dated 13th November, 1987. On the basis of Diploma Annexure p-2, she applied for the post of a Teacher which was advertised. A copy of the extract from the advertisement in the Indian Express is Annexure p. 3. Annexure P-4 is the order of the HSSSB rejecting the candidature of the petitioner. Annexure p-5 is a letter from the Principal, Government College of Art, Chandigarh addressed to the petitioner that this Diploma Course of Arts and Crafts Teachers Training of two years was conducted by this Institute under the administrative control of Punjab before the re-organisation. Even after the re-organi-sation, this Course is still conducted by that College which is now under the administrative control of the Chandigarh Adminisstration. Vide Annexure p-6, the decision of the State of Haryana was communicated to all the district Education officers in the State of ‘Haryana’ regarding qualifications of teachers. List of degree and diplomas recognised by the, Kurukshetra University as well as by the State of Haryana for appointment of teachers were incorporated therein. Two-year Arts and Crafts Course run by the Chandigarh Administration as per item No. 4 was recognised by the State of Haryana (Haryana Education Department).
4. The contention of the counsel for the petitioner is that when she joined Arts and Crafts Teachers Training Course in the Institute at Chandigarh the said Course was recognised by the State of Haryana. Subsequently, the state of Haryana cannot dis-qualify such person who have passed the said Course in the matter of recruitment to the Post of teachers there is force in this contention. The matter is fully covered by a decision of the Supreme Court in Suresh Pal v. State of Haryana (1987) 2 SCC 445 : A.I.R 1987 S.C 2027. In that case the matter related to a Certificate Course in Physical education, the certificate issued by Shri Hanuman Vayayam Prasark Mandal, Amravati, Maharashtra was recognised by the Government of Haryana in 1975 for appointment to the post of Physical Training Instructor. It was on that count that Suresh Pal joined the said Course and was awarded a certificate. Subsequently, the certificates issued by the Amravati Institution were de-recognised and thus, Suresh Pal was not allowed to join the Course. The Supreme Court in the aforesaid case held as under:
“We are of the view that since at the time when the petitioners joined the course, it was recognised By the Govt. of Haryana and it was on the basis of this recognition that the petitioners joined the course, it would be unjust to tell the petitioners how that though at the time of their joining the course it was recognized, yet they cannot be given the benefit Of such recognition and the certificate obtained by them would be futile, because during the pendency of the course it was derecognised by the State Govt. on 9th January, 1985. We would, therefore, allow the appeal and direct the State Govt. to recognise the certificates obtained by the petitioners and others similarly situate as a result of completing the certificates course” in Shri Hanuman Vayayam Parsarak Mandal Amravati for the purpose of appointment as Physical Training Instructor in Govt. Schools in Haryana, of course, if any person has joined the certificate course after 9th January, 1985 he would not be entitled to the benefit of this order and any certificate obtained by him from the said Institute would be of no avail.”
5. In the present case no written statement on behalf of the respondent-State of Haryana has been filed indicating that Two-years Arts and Crafts Training Course run by the Chandigarh Administration was at any stage derecognized. It was only in the advertisement for the post of teacher, Annexure P-3, that while giving qualifications it was mentioned that the Diploma Course would also be one of the qualifications. Be that as it may, since the Two-year Arts and Crafts Diploma Course conducted by the Chandigarh Administration stands recognised by the State of Haryana as is shown from Annexure p-6, it would be discremina-tory to debar the petitioner from joining the post of teacher which was advertised only on the ground that in the advertisement equivalent post was not mentioned.
6. For the reasons recorded above, this petition is allowed with costs, quashing the order of the Haryana Subordinate Service Selection Board Annexure p-4 with a direction that the case of the petitioner will be considered on merits and it would not be declined only on the ground that she passed Two-Year Diploma Course from said Chandigarh Institute. It is pointed out that during the pendency of the writ petition, the petitioner along with others was also interviewed. The HSSSB is directed to declare the result of the petitioner. Counsel's fees Rs. 500/-.
7. Petition allowed.