Punjab-Haryana High Court
Vijayanti Jakhar vs Haryana School Teachers Selection ... on 30 November, 2012
Bench: A.K. Sikri, Rakesh Kumar Jain
CWP No.21611 of 2012 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CWP No.21611 of 2012 (O&M)
Date of Decision: 30.11.2012
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Vijayanti Jakhar
. . . .Petitioner
Versus
Haryana School Teachers Selection Board
. . . . Respondent
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CORAM: HON'BLE MR.JUSTICE A.K. SIKRI, CHIEF JUSTICE
HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.Vivek Khatri, Advocate, for the petitioner.
Mr.B.S. Rana, Addl. A.G. Haryana.
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A.K. SIKRI, C.J. (ORAL)
The petitioner holds qualification of graduation with the subject of Biology (Botony and Zoology) from Kurukshetra University, Kurukshetra. She also has Master decree in Zoology i.e. M.Sc Zoology from CCS Haryana Agriculture University, Hisar. She also has Ph.D in Zoology which she did from CCS Haryana Agriculture University in the year 2010. She also qualified B.Ed. degree from Kurukshetra University in the year 2011. With these qualifications, she applied for the post of Post Graduate Teachers (PGT) - Biology. Her candidature, however, is rejected on the ground that she does not fulfill the eligibility conditions contained in the advertisement issued for the CWP No.21611 of 2012 (O&M) -2- aforesaid post. The respondent, namely, Haryana School Teachers Selection Board (hereinafter referred to as 'the Board') had issued the advertisement on 7.6.2012 for various posts prescribing the eligibility conditions for all those posts. The eligibility conditions which were common to all posts are 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 (See Note-2).
CWP No.21611 of 2012 (O&M) -3-
(c) Consistent good
academic record (See
Note-1).
(d) Essential qualification
(EQ) is given with
each post."
Para 'C' of the eligibility conditions mentioning "Consistent good academic record' was deleted vide Corrigendum issued on 3.7.2012 and in its place para C(i) and C(ii) were added. Another provision in the form of 'transitional provision' was also included in this corrigendum.
These paras C(i) and C(ii) and transitional provisions are to the following effect: -
"3. Under heading " COMMON TO ALL POSTS - Eligibility" after point (b) the - following point C (i) & (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, Recognised Schools and Government Schools and CWP No.21611 of 2012 (O&M) -4- must be in service on11.04.2012, 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. 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 CWP No.21611 of 2012 (O&M) -5- 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 FORDISTRICT 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 from a recognised University.
Cat.No.4 & 22 : PGT Biology CWP No.21611 of 2012 (O&M) -6- 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 recognised University.
Cat. No.14 & 32 : PGT Political Science E.Q. M.A. Political Science or Public Administration with at least 50% marks from a recognised 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 recognised University."
The eligibility conditions specified aforesaid are common to all posts including certificate of having qualified Haryana Teacher's Eligibility Test (HTET)/ School Teacher's Eligibility Test (STET) of respective States for the posts applied. Admittedly, the petitioner does not possess this qualification. By the insertion of para C(i) and C(ii), the CWP No.21611 of 2012 (O&M) -7- condition of having HTET/STET is relaxed to some extent. As per para C(i) if a candidate has worked as teacher for minimum four years till 11.4.2012 and is also in service as on that date he/she is allowed to apply for the post and the qualification of passing HTET/STET and B.Ed. are exempted as one time measure. Likewise if a candidate has passed STET/HTET without the qualification of B.Ed. before the date i.e. 11.4.2012, such candidate is also made eligible for the post of PGT as one time measure in the first recruitment. In the transitional provision, it is provided that if a candidate fulfills the conditions of qualifications as per old Rules namely, Haryana State Education Lecturer School Cadre (Group-C) Services Rules, 1998, he/she is also eligible for recruitment as one time measure. This provision further stipulates that such a person shall have to qualify the HTET and B.Ed. by 1.4.2015 and if he/she fails to do so his/her appointment shall stand terminated automatically without giving any further notice. This provision, however, is made applicable to certain disciplines specified there. As pointed out above, the petitioner does not possess the qualification of having passed HTET/STET and the candidature of the petitioner is cancelled and she is not allowed to appear in the interview. This action of the Board has been challenged by the petitioner by filing the present petition on the ground that as per the transitional provision once she fulfills the CWP No.21611 of 2012 (O&M) -8- conditions of qualifications as per old Rules, 1998, she has to be considered for the post and the only obligation which castes is that she is required to qualify HTET by 1.4.2015.
Leaned counsel for the State, on the other hand, submits that this benefit can be extended to only those candidates who fulfill the requirement contained in para C(i) as well i.e. only those candidates who have worked as teachers for a minimum four years till 11.4.2012 and are in service as on that date. The question that arises for consideration, in these circumstances, is "whether the eligibility conditions mentioned in paras C(i) and C(ii) on the one hand and transitional provision on the one hand are mutually exclusive or a candidate is required to fulfill all the eligibility conditions?"
After the aforesaid corrigendum issued on 3.12.2012, within two days thereof, interpretation to this provision was issued by the Board by public notice given on
5.7.2012, which reads as under:
"Interpretation Transitional Provision - Corrigendum, dated 3.7.2012 Reference corrigendum dated 3.7.2012, the transitional provision at para 4 of HSTSB corrigendum 3.7.2012 appears to be interpreted in isolation by some applicants. The Haryana State Lecturer CWP No.21611 of 2012 (O&M) -9- 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 still applicable and is now modified for applicants under above referred Service Rules, 1998 and gives relief in Essential Qualifications (E.Q.), subject combination, B.Ed. and Post Graduate Degree which have been specified under relevant category of PGT Mathematics, Biology, Political Science and History under para 4 of the corrigendum."
It is clear from the above that the transitional provision contained in para No.4 is not to be read in isolation. The clear intention is to give the relaxation only to those candidates who fulfill eligibility conditions given under heading "COMMON TO ALL POSTS" at points (a), (b), (c) (i) and
(c) (ii) and (d). Thus, the petitioner could claim the benefit only if she was teaching and had completed four years of teaching as on 11.4.2012. Since, this is not the condition fulfilled by the petitioner and she is not having the qualification of HTET/STET, we are of the view that she does CWP No.21611 of 2012 (O&M) - 10 - not fulfill the eligibility conditions as per the advertisement and therefore, her candidature was rightly rejected.
Learned counsel for the petitioner has ventured to argue that since the petitioner is Ph.D in Zoology, her qualifying STET/HTET is not necessary. In support of this contention the petitioner has relied upon the qualification issued by UGC, where persons holding Ph.D qualifications are exempted from having National Eligibility Test. However, that contention cannot be accepted as passing of NET is the requirement for lecturer in colleges, whereas we are here concerned with the appointment of teachers in the Schools in which the requirement is qualification of STET/HTET. The qualification issued by the UGC, therefore, would not apply in the instant case.
We, thus, do not find any merit in the present petition. Hence, the same is accordingly dismissed.
(A.K. SIKRI)
CHIEF JUSTICE
(RAKESH KUMAR JAIN)
NOVEMBER 30, 2012 JUDGE
Vivek