Punjab-Haryana High Court
Bansi Lal vs State Of Haryana And Another on 18 July, 2019
Author: Amit Rawal
Bench: Amit Rawal
Civil Writ Petition No.5957 of 2017 {1}
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.5957 of 2017
Date of Decision: July 18, 2019
Bansi Lal
...Petitioner
Versus
State of Haryana & another
...Respondents
CORAM: HON'BLE MR.JUSTICE AMIT RAWAL
Present: Mr. Vikki Sharma, Advocate for
Mr. Bikramjit Singh Bajwa, Advocate,
for the petitioner.
Mr. Kiran Pal Singh, AAG, Haryana,
for the State.
*****
AMIT RAWAL, J. (Oral)
Petitioner seeks indulgence of this court for issuance of a writ in the nature of mandamus directing the respondents to consider his case for the post of PGT (Math) in Scheduled Caste category on account of the fact that 138 posts are still lying vacant.
Mr. Vikki Sharma, Advocate for Mr. B.S.Bajwa, learned counsel for the petitioner submitted that in pursuance to advertisement No.4/2015 dated 28.06.2015 (Annexure P-1), 6874 posts of (PGT)-HES-II (Group-B Services) were sought to be filled under direct recruitment and the last date was 21.09.2015. There were 1427 posts for Category No.10, i.e., PGT Mathematics and the essential qualification for the post was 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 a recognized University. Petitioner being eligible applied and was called for written test. Reference was also made to the 1 of 6 ::: Downloaded on - 25-08-2019 09:40:41 ::: Civil Writ Petition No.5957 of 2017 {2} application form and copy of the HTET test result (Annexure P-2).
The written examination for the post of PGT Mathematics was held on 06.03.2016. 624 candidates were declared pass under general category and the cut off marks for general category was 90 marks. 125 candidates under BC-A category were declared pass with cut off marks as 89 marks. Similarly, 62 candidates were declared pass under BC-B category with cut off marks as 90. Petitioner cleared the written examination owing to his name found in the list of successful candidates after having been issued admit card, but despite that was not interviewed. Some of the candidates filed various writ petitions on various grounds that candidates, who did not qualify HTET examination, were also given chance to sit in the examination or interview. Vide order dated 10.11.2016, directions were issued, by this Court, which were made absolute and the writ petitions were disposed of on 15.11.2016 (Annexure P-6). Petitioner, in fact, cleared M.Sc. Math in January, 2016 and, therefore, was not considered eligible for interview and, thus, sought the indulgence of this Court, as noticed above.
Mr. Kiran Pal Singh, learned Assistant Advocate General, Haryana representing the State submitted that the last date for submissions of the applications was 21.09.2015, which was, vide Annexure R-2/1, extended to 12.10.2015 The result of the M.Sc. Mathematics, as per Annexure P-7 (Colly) was declared by the University on 25.10.2016, i.e., after the cut off date, which was 12.10.2015 and not only his result-cum- detail marks card of the same as per Annexure P-7 was issued on 25.10.2016. Petitioner submitted online application for the post after the cut off date, thus, he was not eligible on the date of the application. Attention of this Court was also drawn to the various conditions of the advertisement 2 of 6 ::: Downloaded on - 25-08-2019 09:40:42 ::: Civil Writ Petition No.5957 of 2017 {3} and, thus, prayed for dismissal of the writ petition.
I have heard the learned counsel for the parties, appraised the paper book and of the view that there is no force and merit in the submissions of the learned counsel for the petitioner.
It would be in the fitness of things to reproduce relevant portion of the advertisement. The same reads thus:-
"Online applications are invited for direct recruitment for the under mentioned 6874 posts of (PGT)‐ H.E.S.‐II (Group‐B Services) using the website of Haryana Staff Selection Commission i.e www.hssc.gov.in. The online application can be filled up from 21st August 2015 to 21st September 2015; thereafter website link will be disabled. The candidates are strictly advised to apply online well in advance without waiting for last date of submission of online application form. The printed copy of the online application form with necessary certificates must be brought at the time of verification/scrutiny- cum -interview. No offline application form or copy of downloaded application form will be accepted by the office. Qualifications/ eligibility conditions, age and other documents (except HTET) will be determined with regard to last date fixed to apply online applications also called as closing date i.e. 21st September 2015 given in the advertisement. The details of the posts are as under: ‐ POST GRADUATE TEACHERS (PGT) H.E.S.II (GROUP‐B SERVICES) DEPARTMENT OF SECONDARY EDUCATION, HARYANA QUALIFICATIONS COMMON TO ALL CATEGORY OF 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
3 of 6 ::: Downloaded on - 25-08-2019 09:40:42 ::: Civil Writ Petition No.5957 of 2017 {4} respective subject for the post applied, conducted by Board of School Education Haryana, Bhiwani.
Note- The candidates those who are having/passed HTET till the date of interview after advertisement will be allowed for interview on the basis of acquiring HTET (Test) till the date of interview.
(c) Consistent good academic record (See Note‐2). Note‐Applications of candidates not having consistent good academic record will be accepted provisionally as per directions of Hon'ble Punjab & Haryana Court, Chandigarh passed in CWP No. 19747 of 2014 titled as Rakesh Kumar &Another Vs. State of Haryana, subject to final decision of the said CWP.
(d) Essential qualification (EQ) is given with each post. Age: 18‐42 years, relaxation as given in special instructions.
For working teachers upper age relaxation (See Note-3). Pay Scale: Rs.9300‐34800 (PB‐2) with a grade pay of Rs. 4800/‐."
It is a matter of record that the petitioner did not have the essential qualification on the date of submission of the application, but acquired the qualification only on 25.10.2016, i.e., after the last date of application, i.e., 12.10.2015.
The position of law involving similar controversy came to be debated upon by the Hon'ble Supreme Court in Rakesh Kumar Sharma Versus Govt. of NCT of Delhi & Ors., 2013(11) SCC 58 (Paras 16 and
17). The same read thus:-
"16. In the instant case, the appellant did not possess the requisite qualification on the last date of submission of the application though he applied representing that he possessed the same. The letter of offer of appointment was issued to him
4 of 6 ::: Downloaded on - 25-08-2019 09:40:42 ::: Civil Writ Petition No.5957 of 2017 {5} which was provisional and conditional subject to the verification of educational qualification, i.e., eligibility, character verification etc. Clause 11 of the letter of offer of appointment dated 23.2.2009 made it clear that in case character is not certified or he did not possess the qualification, the services will be terminated. The legal proposition that emerges from the settled position of law as enumerated above is that the result of the examination does not relate back to the date of examination. A person would possess qualification only on the date of declaration of the result. Thus, in view of the above, no exception can be taken to the judgment of the High Court.
17. It also needs to be noted that like the present appellant there could be large number of candidates who were not eligible as per the requirement of rules/advertisement since they did not possess the required eligibility on the last date of submission of the application forms. Granting any benefit to the appellant would be violative of the doctrine of equality, a backbone of the fundamental rights under our Constitution. A large number of such candidates may not have applied considering themselves to be ineligible adhering to the statutory rules and terms of the advertisement.
There is no obligation on the court to protect an illegal appointment. Extraordinary power of the court should be used only in an appropriate case to advance the cause of justice and not to defeat the rights of others or create arbitrariness. Usurpation of a post by an ineligible candidate in any circumstance is impermissible. The process of verification and notice of termination in the instant case followed within a very short proximity of the appointment and was not delayed at all so as to even remotely give rise to an expectancy of continuance.
The appeal is devoid of any merit and does not present special features warranting any interference by this Court. The appeal is accordingly dismissed."
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Civil Writ Petition No.5957 of 2017 {6}
On reading of the aforementioned ratio, it is held that the candidates, who may have considered themselves to be eligible, cannot be permitted through the intervention of the Court for considering them eligible once they were not eligible at the time of submission of the applications.
For the reasons mentioned above, I do not find any substance in the argument of the learned counsel for the petitioner. No ground for interference is made out. Resultantly, the writ petition is dismissed.
July 18, 2019 ( AMIT RAWAL )
ramesh JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable: Yes/No
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