Punjab-Haryana High Court
Ruby Kapoor vs State Of Punjab And Ors on 4 December, 2014
Author: Mahesh Grover
Bench: Mahesh Grover
CWP no.8776 of 2012(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP no.8776 of 2012(O&M)
Date of Decision :04.12.2014
Ruby Kapoor
....Petitioners
Versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
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.R.K.Arora, Advocate for the petitioner
Mr. Harkesh Manuja, Addl. AG, Punjab
MAHESH GROVER, J.
The petitioner prays for an appropriate directions for appointment to the post of Hindi S.S Mistress in secondary school.
The petitioner who belongs to OBC category had applied for selection as a Hindi Master/Mistress pursuant to the advertisement issued on 7.5.2011 intending to fill up 899 posts of S.S. Master/Mistress teachers.
The qualifications required was degree of Bachelor of Arts from any recognized University with B.Ed and passing of teachers' eligibility test in accordance with the NCTE guidelines issued under the Right to Education Act. The petitioner participated in the teachers eligibility test held on 3.7.2011 and secured 82 marks. The minimum 60% qualifying marks were required for passing the test.
Since the petitioner was marginally short of the required percentage of 60 having obtained 54.67% (82 marks) as against 83 required, she was declared not passed in the TET exam thereby rendering her ineligible for consideration.
REKHA2014.12.10 10:16 I attest to the accuracy and authenticity of this document High Court Chandigarh CWP no.8776 of 2012(O&M) 2
A challenge was made by some other candidates of OBC category who had similarly secured less than 60% marks who pleaded for relaxation of 5% as envisaged under the NCTE guidelines. This Court considered the issue to decide it in favour of the aspirants belonging to OBC category and held them entitled to 5% relaxation in terms of NCTE guidelines. The judgment rendered in CWP no. 21387 of 2011 has been appended to the petition as Anneuxre P-5 and upon perusal thereof the Court finds that the matter in this regard is squarely covered by its ratio.
This would indicate that the petitioner is entitled to relaxation of 5% and if so the petitioner ought to have got 83 marks out of 90 so as to be eligible. This leads to another question as to whether the petitioner would be entitled to approximation of her acquired percentage to the nearest whole number. For example the petitioner having obtained 54.67 marks, if approximated to 55 would make her eligible.
In this regard, learned counsel for the petitioner has placed reliance on two precedents; one rendered by this Court in CWP no. 4807 of 2014 decided on 13.8.2014 and another dated 13.11.2013 rendered by the High Court of Allahabad in CWP no. 59978 of 2013. In the latter judgment the NCTE itself upon a question being referred to it took a decision to consider 82 marks as the requisite eligibility condition in the matters of the backward class candidates considering this dispute on fraction of a percentage which needs to be approximated to the nearest whole number.
Finding that the issue is no longer res integra on both the counts the petitioner would be entitled to be considered having passed the TET and thus eligible for consideration for appointment to the post of Hindi S.S Mistress. Hence, instant petition is accepted and after holding petitioner REKHA 2014.12.10 10:16 I attest to the accuracy and authenticity of this document High Court Chandigarh CWP no.8776 of 2012(O&M) 3 eligible the respondents are directed to consider the case for appointment of the petitioner in accordance with law and her claim on merit. Let needful be done as expeditiously as possible but later than three months from the date of receipt of the certified copy of this order.
December 04, 2014 (MAHESH GROVER)
rekha JUDGE
REKHA
2014.12.10 10:16
I attest to the accuracy and
authenticity of this document
High Court Chandigarh