Punjab-Haryana High Court
Subedeen & Others vs State Of Haryana & Another on 9 October, 2012
Author: Augustine George Masih
Bench: Augustine George Masih
CWP No. 5631 of 2012 -1-
IN THE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH
Date of Decision: 09.10.2012
1. CWP No. 5631 of 2012
Subedeen & others
.........Petitioners
Versus
State of Haryana & another
............ Respondents
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2. CWP No. 6221 of 2012
Zakir Hussain & others
.........Petitioners
Versus
State of Haryana & another
............ Respondents
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CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present:- Mr. Rajesh Lamba, Advocate
for the petitioners.
Ms. Shruti Jain, AAG, Haryana
for the respondents.
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AUGUSTINE GEORGE MASIH, J.(ORAL)
By this order I propose to dispose of CWP No. 5631 of 2012 and 6221 of 2012, wherein the commons question of law and facts are involved.
The basic issue, which has been raised in these petitions is that an advertisement No. Spl 2012 dated 2.3.2012 (Annexure P-5) was issued by the Primary Education Department, Haryana Education Board, Panchkula, wherein applications were invited for appointment to the posts of JBT(Urdu) Teachers for Mewat. Passing of the 'Haryana Teacher's CWP No. 5631 of 2012 -2- Eligibility Test'/School Teacher's Eligibility Test" (for short 'HTET'/'STET') was made compulsory, which the petitioners contend cannot be mandated as there is no eligibility test in the subject of Urdu held by the State of Haryana till date. Since the posts are specific for Urdu subject the HTET, which was held by the State of Haryana, is general in nature and deal with the Hindi and English language cannot be made applicable to the appointments to be made for JBT (Urdu) teachers. Accordingly, a prayer has been made for quashing the condition which makes the passing of 'HTET'/'STET' test mandatory.
Upon notice, reply has been filed by the respondents, wherein it has been stated that for appointment to the post of JBT (Urdu) Teachers passing of Haryana Teachers Eligibility Test is prescribed as basic qualification. This Eligibility Test is conducted by the Board of School Education, Haryana, Bhiwani as per norms laid down by National Council for Teacher Education and Department of School Education Haryana. The purpose for this test is to ensure that a person recruited as Teacher possessed the essential aptitude and ability to meet the challenge of teaching at Elementary, Secondary and Senior Secondary levels. Since the present appointments are to be made for the JBT teachers primary i.e. from level I- V, the passing of the test is essential. Reference has been made to para 5.1 of the prospectus of the test for the teacher of Class I-V. According to which the subjects of Child Development and pedagogy, Language-I (Hindi), Language-II (English), Mathematics and Environments Studies and it is not a subject specialized test at all and the test is conducted only to assess the ability of candidates in these subjects. A common test is conducted for all the candidates, who intents to be a teacher for Classes I-V, irrespective of CWP No. 5631 of 2012 -3- any special subject. This test is also applicable to the post of JBT Urdu and there is no need to conduct separate test for these posts.
Counsel for the petitioners at the time of arguments has referred to the prospectus issued by the Board of School Education, Haryana for the Haryana Teacher's Eligibility Test, 2011 while referring to para 5.1 of Category 1: Teachers for classes I to V and while referring to Scheme/structure and content he submits that multiple choice questions have to be attempted in the examination. He has referred to the break up and thereafter the nature and standard of the questions to contend that the test of language in Hindi will focus on the proficiencies related to the medium of instructions and in Language II (English) will focus on the elements of language, communication and comprehension abilities vis-a-vis Mathematics and Environmental Studies will focus on the concepts, problem solving abilities and pedagogical understanding of the subjects. In all these subject areas, the test items shall be evenly distributed over different divisions of the syllabus of that subject prescribed for classes I-V by the Education Department, Govt. of Haryana. He on this basis contends that when the JBT teachers have to teach in Urdu, the medium of instructions and proficiency has to relate to Urdu subject. Since there is no particular test of that subject the HTET general test as has been prescribed cannot be made applicable to appointment to the post of JBT Urdu as mandatory. He has referred to minimum eligibility conditions wherein Matric with Hindu/Sanskrit has been mentioned as a qualification. He has made reference with an intention to state that Urdu was not taken to be a basic requirement or medium of instructions and, therefore, has not been included as a subject of test in the Teachers Eligibility Test. He accordingly CWP No. 5631 of 2012 -4- prays that the writ petition be allowed.
On the other hand, counsel for the respondents submits that as per the National Council for Teacher Education norms, the passing of the Haryana Teachers Eligibility Test is mandatory for appointment to the post of a Teacher. Curriculum which has been fixed for the test is general in nature and is not for a specific subject. The details, as are mentioned in the prospectus, clearly depict the same. She contends that for taking care of proficiency of a candidate in Urdu the requirement of having passed JBT (D.Ed. Urdu) from Haryana Education Department or its equivalent from State Board/University, who has issued certificate or diploma, has been made a condition of eligibility. The proficiency of a candidate to teach in the language of Urdu has, therefore, been duly assessed. Since there is no specific subject test conducted for the candidates who intend to teach Classes 1st to Vth, the contention of the counsel for the petitioners cannot be accepted. She has referred to Clause 5.2 Category 2 of the prospectus and has further referred to the structure and content of the paper, where, for Mathematics and Science Teacher as also for the Social Studies teachers option has been given but the test items on Child Development and Pedagogy, Language I (Hindi) and Language II (English) are compulsory. She on this basis contends that wherever specified teaching in a particular subject is required such special examination is held and since this is a general test for Teachers for Classes I-V, the contention of the counsel for the petitioners cannot be accepted.
I have considered the submissions made by the counsel for the parties and with their able assistance have gone through the records of the case.
CWP No. 5631 of 2012 -5-
It is not disputed that as per the mandate of the advertisement and the statutory Rules governing the service, passing of the Haryana Teacher's Eligibility Test is essential for appointment to the post of a Teacher in the State of Haryana. Petitioners, admittedly, have not passed the Haryana Teacher's Eligibility Test. As per the prospectus(Annexure P-4) attached by the petitioners for the Haryana Teacher's Eligibility Test, 2011 under the heading "SCHEME/STRUCTURE AND CONTENT" read as follows:-
"SCHEME/STRUCTURE AND CONTENT:
There shall be only one paper in this category. All questions will be Multiple Choice Questions (MCQs) each carrying one mark with four alternatives out of which one answer will be correct.
No. of MCQs - 150; Duration of examination: one-and-a-half hours.
Structure and Content (All Compulsory):
(i) Child Development and pedagogy 30 MCQs 30 Marks
(ii) Language I (Hindi) 30 MCQs 30 Marks
(iii) Language II (English) 30 MCQs 30 Marks
(iv) Mathematics 30 MCQs 30 Marks
(v) Environmental Studies 30 MCQs 30 Marks NATURE AND STANDARD OF QUESTIONS:
● The test items on Child Development and Pedagogy will focus on educational psychology of teaching and learning relevant to the age group of 6-11 years. They will focus on understanding the characteristics and needs of diverse learners, interaction with learners and the attributes and qualities of a good facilitator of learning.
● The test items for Language -I (Hindi) will focus on the proficiencies related to the medium of instructions. ● The Language II (English) will focus on the elements of language, communication and comprehension abilities. ● The test items in Mathematics and Environmental Studies will focus on the concepts, problem solving abilities and pedagogical understanding on the subjects. In all these subject areas, the test items shall be evenly distributed over different divisions of the syllabus of that subject prescribed for classes I- V by the Education Department, Govt. of Haryana.
● The questions in the tests for Paper I will be based on the topics of the prescribed syllabus for classes I-V, but their difficulty standard, as well as linkages, could be upto the CWP No. 5631 of 2012 -6- secondary stage."
A perusal of the above, would show that this a common test for all candidates who intend to teach students from Classes I -V. There is no specialized subject for which test is being conducted. However, with regard to the teachers for classes VI-VIII and thereafter for Lecturers subject specific tests is conducted apart from the common compulsory subjects of Child Development and Pedagogy, Language I (Hindi) and Language II (English). This clearly indicates that the test for candidates who intend to teach classes I-V is a general test and all candidates have to pass the same. The contention, thus, of counsel for the petitioner that separate test for HTET with Urdu for appointment in Mewat area cannot be accepted as the proficiency of a candidate for teaching Urdu as a subject is taken care of by prescribing in the eligibility condition in the advertisement as JBT (D.Ed. Urdu) from Haryana Education Department or its equivalent from State Board/University, who has issued certificate or diploma. It is admitted by the counsel for the petitioners during the course of hearing that while passing D.Ed. Urdu a candidate has to pass part-II of Paper-II in Urdu and has also to attempt the same in Urdu.
In the light of the above, the contention as raised by the counsel for the petitioners in the present case that passing of HTET/STET for appointment to the post of a JBT Urdu cannot be made mandatory is not acceptable.
In view of the above, finding no merit the present writ petition stands dismissed.
09.10.2012 (AUGUSTINE GEORGE MASIH)
'sp' JUDGE