Indian Kanoon - Search engine for Indian Law

This order of mine shall dispose of the above noted writ petitions, as similar questions of law and facts are involved therein. However, for facility of reference, the facts are taken from CWP-5894- 2 of 6 Neutral Citation No:=2023:PHHC:060235 CWP-5894-2023 and other connected petitions [3] 2023.

Prayer in this petition is for issuance of a writ directing the respondents to grant one-time relaxation/exemption to the petitioners, qua the qualification of HTET and B.Ed., for the post of Trained Graduate Teacher (Arts), against advertisement No.2/2023.

Learned counsel for the petitioners contends that the petitioners do not possess the qualification of Haryana Teachers Eligibility Test (HTET) and Bachelor of Education (B.Ed.), but they do have requisite teaching experience for nearly 10 years. It is further contended that the petitioners were earlier appointed in terms of 1998 Rules and they joined the service in 2010; that later on the selection process was challenged and the same was set aside by the Single Bench of this Court; that the said decision was upheld in LPA-359-2015 by the Division Bench and upheld by the Hon'ble Apex Court as well. It is yet further submitted that the petitioners remained in continuous service since 2010 and therefore, there was no time for them to acquire HTET and B.Ed. qualifications.

Learned counsel for the petitioners further contends that in the advertisement issued on 21.02.2023 by respondent-Haryana Staff Selection Commission, the qualifications of HTET and B.Ed., have been made mandatory so as to be eligible to apply for the post Trained Graduate Teacher (Arts).

Learned counsel for the petitioners further contends that the petitioners should have been given five years period to acquire the requisite qualification, as was stipulated in the Haryana Govt. Gazette dated 03.06.2011. Yet further, learned counsel would contend that as per the Haryana State Education School Cadre (Group C) Service Rules, 3 of 6 Neutral Citation No:=2023:PHHC:060235 CWP-5894-2023 and other connected petitions [4] 2012, the candidates, who have already worked as Teachers for a minimum period of 4 years, they were given exemption from acquiring STET/HTET and that similar relief should also be granted to the petitioners. It is also argued that the backlog of the posts as on the amendment of the Haryana School Education (Group C) State Cadre Service Rules, 2012, should be filled as per old Rules and not as per the new Rules. Learned counsel for the petitioners draws the attention of this Court towards the recruitment process pertaining to the year 2015, whereby such exemption/relaxation was granted, to the teachers already working in the respondent-Department.

On the other hand, learned State counsel submits that it is the prerogative of the State Government to provide for any stipulation as per Rules. He further contends that once the selection process in which the petitioners were initially appointed has been set aside by this Court, which has been upheld upto the Hon'ble Supreme Court, the petitioners cannot seek any equity on the ground that they did not have time to acquire the HTET and B.Ed. qualifications during their service tenure and therefore, they should be granted one-time relaxation/exemption.