Punjab-Haryana High Court
Meena Rani vs State Of Haryana & Others --Respondents on 8 April, 2013
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No.7421 of 2013 (O&M)
Date of Decision: 8.4.2013.
Meena Rani --Petitioner
Versus
State of Haryana & others --Respondents
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:- Mr. Ravinder Malik, Advocate for the petitioner.
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TEJINDER SINGH DHINDSA.J The petitioner had applied for the post of Primary Teacher (P.R.T) in response to advertisement dated 8.11.2012 issued by the Haryana School Teachers' Selection Board. The essential qualifications/conditions of eligibility prescribed for the post were in the following terms:-
"Essential Qualification/Eligibility:-
(i) Senior Secondary (or its equivalent) with at least 50% marks and 2 year Diploma in Elementary Education; Or Senior Secondary (or its equivalent) with at least 45% marks and 2 year Diploma in Elementary Education in accordance with the NCTE (Recognition Norms and Procedure) Regulations, 2002; Or Senior Secondary (or its equivalent) with at least 50% marks and 4 year Bachelor of Elementary Education (B.El.Ed.); Or Senior Secondary (or its equivalent) with at least 50% marks and 2 year Diploma in Education (Special Education);
Or B.A./B.Sc./B.Com and 2 year Diploma in Elementary Education (by whatever name known) (For recognition of Diploma/Degree see note-2.)
(ii) Certificate of having qualified Haryana Teacher Eligibility Test (HTET)/School Teachers Eligibility Test (STET) CWP No.7421 of 2013 (O&M) -2- of Haryana OR four years teaching experience as Primary Teachers as one time exemption of HTET/STET (See note-3).
(iii) Matric with Hindi/Sanskrit or 10+2/B.A./M.A with Hindi as one of the subject."
In the advertisement itself a one time exemption was available from qualifying the HTET/STET Examination to all such candidates, who possess an experience of minimum four years as on 11.4.2012 as P.R.T. Such experience in the relevant subject was to be reckoned only after qualifying the essential qualification. Still further, the closing date for submission of application forms was fixed as 8.12.2012 and a categoric condition in the advertisement was to the effect that the qualifications/eligibility conditions, age and certificates would be determined with regard to the last date fixed for receipt of applications.
The instant writ petition has been filed in terms of raising a grievance that even though, no specific order has been passed, yet, the candidature of the petitioner for the post of P.R.T is not being accepted by the respondent-Board. Towards raising such grievance, counsel would advert to the Experience Certificate at Annexure P-6, wherein while refusing to countersign such certificate remarks to the following effect have been recorded:
"Appointed as a Primary Teacher w.e.f. 1.4.2007. B.Ed from 27.10.2004 and J.B.T passed 2009-2011. 1st year passed 5.11.2011 and 2nd year result is awaited."
Counsel would vehemently argue that the result of the 2nd year of the J.B.T was declared on 8.1.2013 and the date of interview is 22.4.2013. Accordingly, it has been argued that once the result as regards the essential qualification already stands declared prior to the holding of the CWP No.7421 of 2013 (O&M) -3- interview which is slated for 22.4.2013, the petitioner would be vested with a right to be considered for the post of P.R.T. Having heard learned counsel for the petitioner at length and having perused the pleadings on record, I find that the present writ petition merits dismissal. Such view is being taken precisely for two reasons. (i) The clear stipulation in the advertisement was that the qualifications/eligibility conditions would be reckoned in relation to the last date for submission of application forms. As per advertisement dated 8.11.2012 (Annexure P-3) the closing date for submission of application forms was 8.12.2012. As per the pleaded case of the petitioner herself the result of the essential qualification was declared only on 8.1.2013. Accordingly, she did not even possess the essential qualification as on the closing date i.e. 8.12.2012 and accordingly, cannot be treated as eligible for the post of Primary Teacher. (ii) Even the exemption from qualifying the HTET/STET Examination was available only to such candidates, who possessed the minimum four years experience which was to be in the relevant subject after acquiring the essential qualifications prescribed for the post. Herein also the Experience Certificate possessed by the petitioner cannot come to her rescue inasmuch as the petitioner has acquired the essential qualification only on 8.1.2013 as per the conceded case by the counsel himself and as such she cannot even claim any benefit towards the experience possessed from claiming exemption from HTET/STET Examination.
For the reasons recorded above, the present writ petition is dismissed.
Petition dismissed.
(TEJINDER SINGH DHINDSA) JUDGE 8.4.2013.
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