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2. The background of litigation is chequered and therefore one will have to fall back on the chronology of the events for proper assessment of the issue in dispute.

3. The Haryana School Teachers Selection Board (HSTSB) had advertised posts of Primary Teachers (PRT) on 08.11.2012 vide advertisement No.2/12 which included 8763 posts for Rest of Haryana (ROH) category and 1107 for Mewat District cadre, the total of which would come to 9870. The cut-off date fixed for the said posts was 08.12.2012 and the candidates were to ensure that all eligibility conditions were fulfilled on the last date for the online applications. CWP-12938-2014 titled Maha Singh Bhurania Vs. State of Haryana & others had been filed whereby apprehension had been raised by candidates that the credentials of each candidate should be verified and same should be done before declaring the result and issuing the appointment orders. Directions were accordingly issued by the Coordinate Bench on 06.08.2014 that before issuing appointment letters to the selected candidates, initial verifications would be conducted in 4 of 93 LPA-912-2016 (O&M) & other connected cases -5- respect of each of the candidates. Accordingly the result of the primary teachers and appointment letters were to be issued, after verifying the antecedents of each of the candidates. Since there was a requirement of clearing the Haryana Teachers Eligibility Test (HTET) certain set of candidates had also filed writ petitions, lead case of which was CWP- 346-2013 titled Antim Kumari Vs. State of Haryana & others in which orders were passed for provisionally interviewing candidates who did not possess the HTET certificate and who had raised the issue that the HTET test had not been held in the year 2012 and therefore they had been prejudiced. Another set of candidates also claimed that they had passed the test held by the Central Teachers Eligibility Test (CTET) and therefore that certificate should be considered in their case. The third set of candidates who had acquired the essential qualifications of JBT/ETT Diploma after the cut off date but had qualified HTET held on 26.06.2013 also claimed parity on the same ground. Resultantly, various interim orders had been passed in their favour on 23.04.2013, 27.08.2013 and 23.10.2013 giving them liberty to appear and cut-off date was extended till 29.11.2013. The result was declared on 14.08.2014 and resultantly, recommendation of 9455 posts of PRT Teachers were sent on 20.08.2014 out of which, 8374 candidates belonged to Rest of Haryana (ROH) and 1081 belonged to Mewat District cadre.

4. The Board was disbanded on 24.12.2014. Eventually, Antim Kumari's case was decided along with the bunch of 110 writ petitions which were disposed of on 29.04.2015. The three set of candidates were 5 of 93 LPA-912-2016 (O&M) & other connected cases -6- categorized as under by the Co-ordinate Bench:

"Set 1 where the petitioners are the candidates who possessed all the eligibility conditions as on the cut-off date in the advertisement i.e. 08.12.2012 except the certificate of HTET/STET, which they acquired in the test held on 26.06.2013 during the pendency of the writ petitions, the result whereof was declared on 17.07.2013. Set 2 where the petitioners are the candidates who had qualified CTET before the cut-off date but have not qualified HTET test held in 2013.

6. Regarding petitioners of Set No.2, teachers who had cleared the CTET before the cut-off date and had fulfilled all other eligibility conditions for appointment, the Division Bench had held that the State Government was within its rights to prescribe the qualifications for eligibility of the candidates and the applicants had to necessarily qualify 7 of 93 LPA-912-2016 (O&M) & other connected cases -8- for the TET of the State. The State Government was the appropriate Government under the Right to Education Act, 2009 and thus, it was one of the essential qualifications for eligibility for appointment as Primary Teachers and the claim to be eligible on the basis of having the qualifications of CTET was accordingly rejected. Similarly, qua petitioners of set No.3 who had cleared the JBT/ETT after the cut-off date of 08.12.2012 but had qualified the HTET held on 26.06.2013 and the result of which was declared on 17.07.2013, it was held that they did not possess the basic qualifications before the cut-off date and had no claim. It is not disputed that the SLPs No.13149-13158-2015 titled Anoop Singh Vs. State of Haryana, filed against the Division Bench judgment in Antim Kumari (supra) qua persons who were in set No.3 pertaining to not having the essential qualifications, but having passed the HTET in 2013, were dismissed on 24.07.2015. Similarly SLPs No. 21921-21923 of 2015 titled Sushil Kumar etc. Vs. State of Haryana filed by candidates pertaining to Set-2, who had qualified CTET before the cut-off-date, but not qualified the HTET Test held in 2013, were also dismissed on 10.08.2015. The wait list candidates had also challenged the judgment of Antim Kumari (supra) in SLP (c) No.14795 of 2015 'Mandeep Singh and others Vs. State of Haryana', which was dismissed as withdrawn, by withdrawing the application for permission to file SLP on 21.08.2015.

As above total recommended candidates with waiting are 12732 after receiving from HSTSB and HSSC.

10. Another set of candidates filed CWP-11796-2015 the lead case being titled Meenakshi Malik & others Vs. State of Haryana decided on 08.01.2016, who were duly qualified having the HTET certificate and who were in the waiting list as per the recommendation sent. They, accordingly, claimed appointment prior to the candidates who had 10 of 93 LPA-912-2016 (O&M) & other connected cases -11- qualified the HTET after the cut-off date. The interim orders were passed on 21.07.2015 in the said case by the learned Single Judge that the State was restrained to giving appointments to candidates who had passed the HTET after the cut-off-date, but it was open to giving appointments to the candidates who were in the wait list. It is the case of the wait list candidates that they had withdrawn the SLP No.14795 of 2015 on 21.08.2015, in view of the interim order passed by the learned Single Judge. Applications had also been filed by them under Order 1 Rule 10 CPC to implead them as respondents No.5 to 69 seeking clarification of the judgment dated 29.04.2015 vide CM-7208 & 7209-CWP-2015. The same were dismissed on 29.05.2015 on the ground that once the main writ petition had been decided, the applicants could avail the remedy in accordance with law if they have any cause of action. However, a Learned Single Judge in Meenakshi Malik's case (supra) directed that the waiting list candidates be accommodated leaving the question of inter se seniority open after the candidates join the posts on account of the fact that there were vacancies and 31625 vacancies were lying available in the Department. Relevant portion of order dated 08.01.2016 reads as under: