Punjab-Haryana High Court
State Of Haryana & Ors vs Smt. Seema Rani on 2 May, 2016
Author: Mahesh Grover
Bench: Mahesh Grover, Lisa Gill
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
LPA No.707 of 2016 (O&M)
Date of Decision : 2.5.2016
State of Haryana and another
....Appellants
Versus
Smt. Seema Rani
....Respondent
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
HON'BLE MRS.JUSTICE LISA GILL
....
1. Whether Reporters of Local Newspapers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr.Sudeep Mahajan, Addl. Advocate General, Haryana, for the appellants.
.....
MAHESH GROVER.J. This appeal is directed against the judgment dated 19.11.2014 enabling the respondent to employment by holding her eligible for the post of Guest Faculty Lecturer in Mathematics.
The eligibility condition prescribed for the post in the advertisement is extracted here below :-
"Eligibility:- (a) Matric with Hindi/Sanskrit or 10+2/B.A./ M.A. with Hindi as one of the subject.
(b) Certificate of having qualified Haryana Teacher Eligibility Test (HTET)/School Teachers Eligibility Test (STET) of respective subject for the post applied, 1 of 3 ::: Downloaded on - 05-05-2016 00:07:10 ::: LPA No.707 of 2016 (O&M) -2- conducted by Board of School Education Haryana, Bhiwani/One time exemption of HTET (see Note-2).
(c) Consistent good academic record (see Note-1).
(d) Essential qualification (EQ) is given with each post."
..... ...... ....
POSTS EXCEPT DISTRICT MEWAT
Cat.No.1 2057 posts of PGT Mathematics
(GEN=1278, SC=411, BC=205, ESM=102,PHC=61) E.Q. M.A.Mathematics/M.SC.Mathematics/ Applied Mathematics with Mathematics as one of the subject at Graduation level with at least 50% marks and B.Ed. from recognized university.
...... ....... ......
Note 2. A one time exemption of HTET/STET has been granted to the candidates who have worked for minimum 4 years till 11.04.2012 in privately managed Govt.Aided Schools, Recognized Schools and Govt.Scools.
Candidate must be in service on 11.04.2012 in addition to being in position on the date of applying for the said post....."
It is not in dispute that the respondent worked as a Guest Faculty Lecturer from 6.11.2007 to 31.3.2009 in a private school succeeded by another three years stint in a government school and was in service on the prescribed date i.e. 11.4.2012. She thus met the eligibility in terms of the afore-extracted requirements and the learned Single Judge approvingly held so in her favour.
Learned counsel for the appellants disputes this period of 2007 to 2009 to contend that it should be excluded from 2 of 3 ::: Downloaded on - 05-05-2016 00:07:11 ::: LPA No.707 of 2016 (O&M) -3- consideration, in which eventuality the respondent would be clearly ineligible for the post. However, no convincing or persuasive arguments have been raised as to why this should have been done.
On due consideration, we are of the view that if the respondent had worked from November 2007 till March 2009, which is in excess of one year, then this period coupled with the subsequent period, which is not in dispute, amounting to three years would clearly enable the respondent to met the eligibility criteria as prescribed by the appellants.
If that is so, then the judgment of the learned Single Judge cannot be faulted with, warranting no interference.
Besides, there is a delay of 483 days in filing the appeal which has been largely attributed to procedure and in our considered view does not warrant condonation.
Appeal dismissed.
(MAHESH GROVER)
JUDGE
2.5.2016 (LISA GILL)
dss JUDGE
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