Punjab-Haryana High Court
Rakesh Makol And Others vs State Of Haryana And Another on 13 July, 2012
Author: Augustine George Masih
Bench: Augustine George Masih
CWP No. 12914 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CWP No. 12914 of 2012
Date of Decision : July 13, 2012
Rakesh Makol and others
.... PETITIONERS
Vs.
State of Haryana and another
..... RESPONDENTS
CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr. Ashwani Kumar Bura, Advocate,
for Mr. Jasbir Mor, Advocate,
for the petitioners.
AUGUSTINE GEORGE MASIH, J.
Petitioners have approached this Court praying for quashing of the advertisement dated 07.06.2012 (Annexure P-3), vide which relaxation in qualifying Haryana Teachers Eligibility Test (hereinafter referred to as 'HTET')/School Teachers Eligibility Test (hereinafter referred to as 'STET') as well as B.Ed. and in Consistent Good Academic Record, has been granted as also quashing of the interpretation dated 05.07.2012 (Annexure P-6) given by the Haryana School Teachers Selection Board (hereinafter referred to as 'Board') CWP No. 12914 of 2012 2 regarding corrigendum dated 03.07.2012. A writ of mandamus has also been prayed for directing the Board to grant relaxation in the condition of qualifying the HTET certificate in the case of the petitioners, who are fresher and have no experience.
An advertisement dated 07.06.2012 was issued by the respondent-Board inviting applications on-line for direct recruitment to the Post Graduate Teacher (PGT)-Haryana Education Service-II (Group-B Services) for various subjects and last date for submission of the on-line applications was 28.06.2012 by 5 P.M. Vide corrigendum dated 28.06.2012, the last date for submission of the application forms was extended to 09.07.2012 (Annexure P-4). Another corrigendum was issued on 03.07.2012, wherein consequent upon the amendment in the Haryana State Education School Cadre (Group B) Service Rules, 2012 and the Mewat District School Education (Group-B) Service Rules, 2012 vide notification dated 02.07.2012, advertisement dated 06.06.2012, which was published on 07.06.2012, was partially modified. According to Clause 4 of this corrigendum, a Transitional Provision was introduced, according to which, persons fulfilling conditions of qualifications as per old Rules of Haryana State Education Lecturer School Cadre (Group-C) Service Rules, 1998, were made eligible for recruitment as a one time measure. However, such persons were mandated to qualify the HTET and B.Ed by 01.04.2015 and on failing to do so, appointment shall stand terminated automatically without giving any further notice.
CWP No. 12914 of 2012 3
Petitioners contend that in the light of this transitional provision, petitioners became eligible to apply for against the post of Post Graduate Teachers advertised on 07.06.2012 but they did not succeed in registering their applications on website of the Board despite trying for it many times. Petitioners enquired from the officials and explained the difficulty, which was being faced by them but no action was taken by the respondent-Board. Another advertisement was issued on 05.07.2012 (Annexure P-6), wherein the Board interpreted the Transitional Provision, as brought about vide corrigendum dated 03.07.2012 (Annexure P-5), by stating that the Transitional Provision at para 4 is not to be interpreted in isolation. The Haryana State Lecturer School Cadre (Group-C) Services Rules, 1998 eligibility is applicable provided applicants meet the eligibility conditions given under heading "Common to all posts"
at point (a), (b), (c) (i) and (c) (ii). The point (d) is also applicable and has been modified for applicants by granting them relief in essential qualifications, subject combination, B.Ed. and Post Graduate Degree, which have been specified under relevant category of Post Graduate Teachers under para 4 of the corrigendum. This, the petitioners contend, is with an intention to deprive the benefit, which the petitioners have obtained from para-4 of the Transitional Provision, which makes them eligible for appointment to the post of Post Graduate Teacher. It is under these circumstances that the petitioners have approached this Court with a prayer, which has been referred to above.CWP No. 12914 of 2012 4
Counsel for the petitioners contends that the petitioners fulfil the qualifications, as prescribed under the 1998 Rules, which only require a Post Graduate Degree in the relevant subject with at least 50% marks from a recognized university with knowledge of Hindi up to Matric standard. There is no requirement of qualifying HTET/STET or possessing B.Ed. degree or any experience nor is there the requirement of 'consistent good academic record', which now finds mentioned in the 2012 Rules. With the coming into force of the 2012 Rules by a notification on 11.04.2012, advertisement was issued by the respondents dated 07.06.2012 which is in consonance with these Rules. However, exemption to some of the categories with regard to the 'consistent good academic record' and exemption from HTET/STET was granted as per Notes 1 and 2 respectively at the end of the advertisement. Thereafter, vide corrigendum para-4 provided for 'Transitional Provision', which the respondents introduced realizing the fact that the amended Rules have come into force a short-while before the advertisement, which could be a harassment rendering a large number of candidates, who fulfilled the condition of qualifications as per the 1998 Rules, ineligible. This was done as a one time measure with a rider that such persons will have to qualify the HTET and B.Ed. by 01.04.2015 and on failing to do so, their appointment shall stand terminated automatically without any further notice. This clause was independent of any other interpretation except that all persons, who fulfilled their qualifications CWP No. 12914 of 2012 5 as per the 1998 Rules, had become eligible for applying in response to the advertisement published on 07.06.2012. Since the petitioners fulfilled that qualifications, they made an effort to submit their applications on-line, which they were not successful but thereafter, an advertisement has been issued on 05.07.2012 interpreting the Transitional Provision in the corrigendum dated 03.07.2012 rendering the petitioners ineligible to apply in response to the advertisement dated 07.06.2012. This, the counsel for the petitioners contends, is violation of Articles 14 and 16 of the Constitution of India. The benefit of the 1998 Rules has been restricted for filling up the posts of Post Graduate Teachers in Mathematics, Biology, Political Science and History depriving others the benefit of the said corrigendum dated 03.07.2012. When the basic qualification of eligibility i.e. B.Ed. and consistent good academic record having been waived of by the respondents granting the benefit of exemption from qualifying the STET only to the categories of teachers, who are working for a minimum period of four years till 11.04.2012, it amounts to discrimination. This exemption should be extended to the petitioners as well. Merely because they do not have the experience of four years, they cannot be discriminated against. He further contends that the power of relaxation under the 2012 Rules as provided under Rule 12 has been arbitrarily exercised by respondent No. 1 as the same is unreasonable, unjustified, without any basis and violative of the principle of equality and equal opportunity in matter of public CWP No. 12914 of 2012 6 appointment and thus, unsustainable in the eyes of law being unconstitutional. Accordingly, prayer has been made for quashing the advertisement dated 07.06.2012 (Annexure P-3) along with the advertisement dated 05.07.2012 (Annexure P-6) interpreting the Transitional Provision. He submits that if the same cannot be done, mandamus be issued to the respondents to relax the condition of qualifying the STET in the case of the petitioners also and accept their applications.
I have considered the submissions made by the counsel for the petitioners and have gone through the records of the case.
Prior to notification dated 11.04.2012, vide which Government of Haryana notified the Haryana State Education School Cadre (Group B) Service Rules, 2012 (hereinafter referred to as '2012 Rules'), the Rules governing the field were the Haryana State Education Lecturer School Cadre (Group C) Service Rules, 1998 (hereinafter referred to as '1998 Rules'), according to which, qualifications prescribed for the post of Lecturer were as follows:-
"i) M.A./M.Sc (in relevant subject) with at least 50% marks from a recognized University.
ii) Knowledge of Hindi Up to Matric standard."
With the coming into force of the 2012 Rules, now the post of Lecturer (School Cadre) is known as Post Graduate Teacher CWP No. 12914 of 2012 7 in the respective subject. The qualification prescribed is mentioned in Column No. (3) of Appendix-B under Rule 7 of 2012 Rules, which reads as follows:-
"i) M.Sc Physics/Applied Physics/Nuclear Physics/Electronics Physics with at least 50% marks and B.Ed. from a recognized University And
ii) Matric with Hindi/Sanskrit or 10+2/BA/MA with Hindi as one of the subject And
iii) Certificate of having qualified Haryana Teacher Eligibility Test (HTET) School Teachers Eligibility Test (STET).
iv) Consistent good academic record."
While comparing the two sets of Rules i.e. 1998 Rules and 2012 Rules, it comes out that now under the applicable Rules, B.Ed., Matric with Hindi/Sanskrit or 10+2/BA/MA with Hindi as one of the subjects from a recognized university and certificate of having qualified HTET/STET as also consistent good academic record basically stand added. Thus, there is a change in the qualifications now, although the basic qualification of Post Graduate degree in relevant subject has been retained but additions have been made thereto. Advertisement dated 07.06.2012 was issued by the Board, wherein on-line applications were invited for recruitment for the PGT CWP No. 12914 of 2012 8 in various subjects. Some conditions were kept common for all posts, which read as follows:-
"COMMON TO ALL POSTS 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, conducted by Board of School Education Haryana, Bhiwani/One time exemption of HTET.
(c) Consistent good academic record.
(d) Essential qualification (EQ) is given with each post.
Age:- 18-40 years, relaxation as given in
special instructions. For Teachers upper
age relaxation.
Pay Scale:- ` 9300-34800 plus grade pay ` 4800/-
Fee:- The rate of fee is ` 500/- for General candidates and ` 125/- for SC/BC/ESM/PHC candidates of Haryana State. The fee should be deposited in any branch of State Bank CWP No. 12914 of 2012 9 of India under code/account number 32307173537 for reserved category of Haryana State and 32306718279 for General Category."
Notes 1 and 2 at the end of the advertisement, which relate to clause (b) and (c) under the heading 'eligibility', read as follows:-
"Note 1: Consistent good academic record implying that out of the lower qualification i.e. Matric/10+2/Graduation than requisite minimum qualification, one must secure at least 50% marks in two lower exams and 45% marks in third lower exam. If there are only two lower exams, than one must secure at least 50% marks in one exam and 45% marks in another.
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. Schools. Candidate must be in service on 11.04.2012 in addition to being in position on the date of applying for the said post. They will have to qualify HTET not later than 1st April 2015 otherwise their services will be terminated automatically. Qualification/eligibility conditions and certificates will be determined with regard to last date CWP No. 12914 of 2012 10 fixed for submission of online applications also called as closing date given in the advertisement."
Corrigendum dated 03.07.2012 (Annexure P-5) was issued consequent upon amendment of the 2012 Rules and the Mewat District School Education (Group-B) Service Rules, 2012 vide notification dated 02.07.2012 which modified the advertisement partially, which reads as follows:-
"2. Under heading "COMMON TO ALL POSTS-
Eligibility" point (c) Consistent good academic record and Note-1 shall be omitted.
3. Under heading "COMMON TO ALL POSTS-
Eligibility" after point (b) the following point C (i) and (ii) shall be inserted, namely:-
(c) (i) The candidates who have worked as teachers for a minimum four years till 11.04.2012 in privately managed Government aided schools, Recognized Schools and Government Schools and must be in service on 11.04.2012, in addition to being in position on the date of applying for the said post, are exempted to acquire qualifications of passing HTET/STET and B.Ed. as one time measure.
(c) (ii) A person who has passed STET/HTET without the qualification of B.Ed. before the date i.e. CWP No. 12914 of 2012 11 11.04.2012 of notification of Service Rules concerned, shall also be considered eligible for the post of PGT as one time measure in the first recruitment.
4. Transitional provision:- Person fulfilling conditions of qualifications as per old Rules of Haryana State Education Lecturer School Cadre (Group-C) Service Rules, 1998 shall also eligible for recruitment as a one time measure. Provided that such person shall have to qualify the Haryana Teachers Eligibility Test (HTET) and B.Ed. by 1st April, 2015 and if he fails to do so, his appointment shall stand terminated automatically without giving any further notice.
The relevant subject combinations in relevant posts are as under:-
Under heading "POSTS EXCEPT DISTRICT
MEWAT" and POSTS FOR DISTRICT MEWAT ONLY
(MWT), Essential Qualification (E.Q.) for PGT
mentioned at Category No. 1, 4, 14, 17, 19, 22, 32 and 35 of the above said Advt. may be read as under, as one time measure:-
Cat. No. 1 & 19: PGT Mathematics E.Q. M.A./M.Sc. Math/Mathematics Statistics with at least 50% marks form a recognized university.CWP No. 12914 of 2012 12
Cat. No. 4 & 22:PGT Biology E.Q. M.Sc. Biology or Zoology or Botany or Bio-
Science or Bio-Chemistry or Genetics or Micro-Biology or Plant Psychology or Bio- Technology with at least 50% marks from a recognized University.
Cat. No. 14 & 32:PGT Political Science E.Q. M.A. Political Science or Public Administration with at least 50% marks from a recognized University.
Cat. No. 17 & 35: PGT History E.Q. M.A. History or Ancient Indian History and Culture or Culture and Archaeology with at least 50% marks from a recognized University.
5. xxx xxx xxx xxx
6. xxx xxx xxx xxx
7. All other terms and conditions of the Advertisement No. 1/2012 dated 6.6.2012 for the post of PGT will remain same.
8. xxx xxx xxx xxx
9. xxx xxx xxx xxx"
In the light of para-4 of the Transitional Provision, petitioners pray their eligibility for competing for the post of PGT as CWP No. 12914 of 2012 13 per the advertisement published on 07.06.2012. A perusal of the above para-4 'Transitional Provision' would show that it has to be read as a whole and this Transitional Provision is limited to only four categories of PGT posts i.e. Mathematics, Biology, Political Science and History as in Clause 7, it is clearly mentioned that all other terms and conditions of the advertisement for the PGT will remain the same. The same clarification has been issued which has been termed as 'interpretation of transitional provision' dated 05.07.2012 (Annexure P-6). Thus, for a candidate to be eligible for applying to the post of PGT in pursuance to the advertisement dated 06.06.2012 published on 07.06.2012, the conditions, as provided for under the heading "Common to all posts", will have to be fulfilled and this Transitional provision is only applicable in the category of posts, as specified in corrigendum dated 03.07.2012. As is apparent from the corrigendum dated 03.07.2012, the same has been brought about and has been necessitated in the light of amendment in the statutory Rules governing the service, which came into force vide notification dated 02.07.2012. Since corrigendum incorporates the provisions as contained in the amended statutory Rules, in the absence of challenge to the statutory Rules, the claim of the petitioners, as made in the present writ petition, cannot sustain.
A contention has been raised by the counsel for the petitioners that relaxation has been granted by the respondents in exercise of Rule 17, which is unjust, unreasonable and violative of CWP No. 12914 of 2012 14 Articles 14 and 16 of the Constitution of India. This contention of the counsel for the petitioners may have some force when it is seen in the light of the initially notified 2012 Rules, on the basis of which, advertisement was published on 07.06.2012 as vide this advertisement in Notes 1 and 2, such relaxation was granted but with the amendment of the statutory Rules vide notification dated 02.07.2012 and thereafter, issuance of the corrigendum dated 03.07.2012, the sting of the argument of the counsel for the petitioners stands blunted. It appears that there has been no relaxation granted by the respondents as the corrigendum, which has been issued on 03.07.2012, is in accordance with the amendment brought about in the statutory Rules and the exemption, so granted, being a part of the statutory Rules cannot be said to be a relaxation granted by the Government under Rule 17 of the 2012 Rules.
In view of the above, finding no merit in the present writ petition, the same stands dismissed.
(AUGUSTINE GEORGE MASIH )
July 13, 2012 JUDGE
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