Punjab-Haryana High Court
Yudhister vs The State Of Haryana And Others on 16 August, 2012
Author: Augustine George Masih
Bench: Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 15645 of 2012
Date of Decision : 16.8.2012
Yudhister ...... Petitioner
Versus
The State of Haryana and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present:- Mr. Ravi Verma, Advocate, for the petitioner.
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioner has approached this Court with a grievance that despite having been called for interview for the post of Post Graduate Teacher (Geography), he has not been interviewed by the Selection Committee on the ground that he was not holding the post of Post Graduate Teacher (in short 'PGT') on the date he has applied for the said post. This, counsel for the petitioner, contends is in violation of the conditions of the advertisement dated 7.6.2012 and the corrigendum dated 3.7.2012 (Annexures-P-2 and P-3 respectively).
His contention is that the only requirement as per the eligibility condition is that the candidate should have worked as a Teacher. It is not specified as to on which post the candidate should have been working on 11.4.2012, the date mentioned in the advertisement and the corrigendum. Since the petitioner was performing the duties of Social Studies Master and has requisite experience of the said post, rejection of the candidature of the petitioner by not interviewing him by the Selection Committee, is not sustainable. This contention of the counsel for the petitioner cannot be CWP No. 15645 of 2012 -2- accepted as in a similar matter, this Court in CWP No. 14666 of 2012 titled as Kamlesh Versus State of Haryana and another, decided on 2.8.2012 while considering the provisions contained in the advertisement and corrigendum has held as follows :-
" Counsel for the petitioner submits that as per the requirement of the advertisement, petitioner fulfills the requirement as note 2 thereof only states that for exemption of passing HTET/STET, experience required is as a teacher in the school and it is not mentioned that it should be against Post Graduate Teacher's post. Petitioner has an experience of primary teacher from 1.9.1997 to 30.6.2011 and from 1.7.2011 till date as a Trained Graduate Teacher (Social Studies). The action of the respondents in not interviewing the petitioner and rejecting her candidature is not sustainable and therefore, press for direction to the respondents to consider the petitioner as an eligible candidate and interview her for the post of Post Graduate Teacher (Sociology).
A perusal of the eligibility conditions Clause
(b) thereof, the certificate of having qualified HTET/STET was to be of the respective subject for the post applied. The exemption as per Note 2 for possessing the certificate of having qualified HTET/STET was also to be granted to the candidates who have worked for minimum of four years till 11.4.2012, which obviously means on the post for which they have applied for.
Experience on a post on the basis of which exemption is being sought in the basic eligibility condition cannot be of some other post although may be as a teacher. It has thus got to be on the post of a Post Graduate Teacher and that too in the respective subject for the post applied. Note 2 cannot be read in isolation and has to be read in conjunction with Clause (b) of eligibility condition CWP No. 15645 of 2012 -3- common to all posts. The contention thus raised by the counsel for the petitioner cannot be accepted." In view of the above, finding no merit in the present writ petition, the same stands dismissed.
(AUGUSTINE GEORGE MASIH) JUDGE 16.8.2012 sjks