Punjab-Haryana High Court
Samriti Bhargav & Ors vs State Of Haryana & Ors on 25 September, 2014
Author: Satish Kumar Mittal
Bench: Satish Kumar Mittal, Deepak Sibal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 19996 of 2014
DATE OF DECISION : 25.09.2014
Samriti Bhargav and others
.... APPELLANTS
Versus
State of Haryana and others
.... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE DEEPAK SIBAL
Present : Mr. Shyam Singh Chhokar, Advocate,
for the appellants.
***
SATISH KUMAR MITTAL, J.
Three petitioners have filed the instant writ petition challenging the notification dated June 10, 2014 (Annexure P-5) as well as the advertisement dated September 08, 2014 (Annexure P-7) issued by the Haryana School Teachers Selection Board, whereby 402 posts of Assistant Professors in different streams have been advertised.
The petitioners are challenging one of the essential qualifications prescribed for the aforesaid post, i.e. the candidate should have qualified National Eligibility Test (NET)/State Level Eligibility Test (SLET)/State Eligibility Test (SET). It is the case of the petitioners that they are not only possessing the Masters Degree from a recognised University in the relevant subject with 55% marks, B.Ed./M.Ed. with 55% marks, but they DASS NAROTAM 2014.10.01 16:13 I attest to the accuracy and authenticity of this document CWP No. 19996 of 2014 -2- are also possessing a Ph.D Degree in the relevant subject, and therefore, they should be considered eligible for appointment to the post, even though they have not qualified the aforesaid eligibility Test.
Learned counsel for the petitioners contends that the University Grants Commission, which is the competent authority to prescribe the essential qualifications for the post of Assistant Professor and other teaching staff in the institution of higher learning/education, has granted exemption from passing NET/SLET to those candidates who are or have been awarded Ph.D Degree. He further contends that in the State of Haryana, amendments were made in Haryana Education (College Cadre) Group-B Service Rules, 1986, providing that the passing of NET shall be the minimum eligibility condition for recruitment and appointment as lecturer in College. In view of the UGC guidelines, which prescribed for exemption for Ph.D holders, the said amendment was struck down by this Court vide order dated March 05, 2013 (Annexure P-3), passed in CWP No. 24447 of 2012 titled as Anil Kumar and another vs. State of Haryana and others, and it was held that the regulations framed by UGC, while prescribing the qualification for appointment on the post of Assistant Professor in Colleges, are binding on the State Government. Learned counsel further contends that the Haryana Public Service Commission advertised 1396 posts of Assistant Professors in different streams in College cadre, wherein as per the Notification dated September 03, 2013, the qualifications/eligibility criteria, not granting exemption from passing NET/SLET to those candidates who are or have DASS NAROTAM 2014.10.01 16:13 I attest to the accuracy and authenticity of this document CWP No. 19996 of 2014 -3- been awarded Ph.D Degree, in direct contradiction to the UGC guidelines, were prescribed. The said notification was challenged by filing CWP No. 2386 of 2014, which was decided vide order dated February 19, 2014 (Annexure P-4) and it was held that the UGC guidelines are binding on the appointments made in the College cadre. On the same analogy, learned counsel for the petitioners has argued that the UGC guidelines are binding on the appointments of Assistant Professor in different streams in the School cadre, therefore, 402 posts of Assistant Professor in different streams in different schools and organisations at the school level should be filled, without insisting on passing of NET/SLET for the candidates who are possessing Ph.D Degree in the relevant subject.
After hearing learned counsel for the petitioners, we are of the opinion that the guidelines issued by the UGC are not applicable for the appointments of the teachers or other staff in the school cadre. These guidelines are applicable only in the Universities or the Colleges affiliated to the Universities. The institutions for which the appointments in question are to be made are neither affiliated to the UGC nor to any University. These posts are meant for school cadre, for which the State Government is duly competent to prescribe the essential qualification. The teachers appointed in the State Council of Educational Research and Training (SCERT), District Institute of Education and Training (DIET), Block Institute of Teacher Education (BITE) and Government Elementary Teacher Training Institute DASS NAROTAM 2014.10.01 16:13 I attest to the accuracy and authenticity of this document CWP No. 19996 of 2014 -4- (GETTI) would require special type of training, because these institutions are operating at the level of school cadre. Therefore, in order to train the teachers in such institutions, distinct eligibility requirements have been kept in mind by the State Government. Thus, the essential qualification of passing NET/SLET for appointments in the above referred schools cannot be said to be unreasonable and arbitrary or violative of Article 14 of the Constitution of India. The main contention of the petitioners and the judgment relied upon by them, are based upon the binding nature of the UGC guidelines, which in our opinion are binding on the appointments to be made in the Universities and Colleges and not to the appointments made in the school cadre.
No merit. Dismissed.
( SATISH KUMAR MITTAL )
JUDGE
September 25, 2014 ( DEEPAK SIBAL )
ndj JUDGE
DASS NAROTAM
2014.10.01 16:13
I attest to the accuracy and
authenticity of this document