Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(P&H) 418

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Satbir Singh - Appellant
Versus
State Of Haryana & Ors. - Respondent
Civil Writ Petition No. 38102 of 2018, 38102 of 2018, 40573 of 2018, 38247 of 2018, 40674 of 2018, 38221 of 2018, 40449 of 2018, 40640 of 2018, 38137 of 2018, 40653 of 2018, 6 of 2019, 19 of 2019, 20 of 2019, 3353 of 2019, 4384 of 2019, 10268 of 2019, 14516 of 2019
Decided On : 02-02-2021

Advocates Appeared:
Suresh Kumar Kaushik, Advocate, Jasbir Mor, Advocate, Rajat Mor, Advocate, M.S. Virk, Advocate, S.K. Kagsar, Advocate, Shiv Kumar Bishnoi, Advocate, Tejpal Dhull, Advocate, Ajay Shekhawat, Advocate, Ashok Bhardwaj, Advocate, Sushil Jain, Advocate, Kirti Singh, Advocate, K.K. Gupta, Advocate, Rajesh K Sheoran, Advocate

Exemption from Haryana Teachers Eligibility Test (HTET) cannot be claimed as a matter of right and must be in accordance with the eligibility criteria and transitional provisions under the Haryana School Education (Group-C) State Cadre Service Rules, 2012.

Headnote:
Eligibility Criteria - Trained Graduate Teachers (TGT) (Physical Education) - Haryana School Education (Group-C) State Cadre Service Rules, 2012 - Rules 4, 17, Appendix 'B' - The judgment discusses the eligibility criteria for the post of Trained Graduate Teachers (TGT) (Physical Education) as per the recruitment notice and the Haryana School Education (Group-C) State Cadre Service Rules, 2012. It highlights the requirement of clearing the Haryana Teachers Eligibility Test (HTET) and the transitional provisions under Rule 19-A. The court emphasizes that the exemption from HTET cannot be claimed as a matter of right and upholds the decision of the Haryana Staff Selection Commission based on the eligibility criteria and the candidates' failure to clear the HTET examinations.
Fact of the Case:

The petitioners challenged the decision of the respondents not to call them for interview for the post of Trained Graduate Teachers (TGT) (Physical Education) based on the eligibility criteria as laid down in the recruitment notice and the Haryana School Education (Group-C) State Cadre Service Rules, 2012.
Finding of the Court:

The court found that the petitioners were not eligible as they failed to clear the Haryana Teachers Eligibility Test (HTET) and upheld the decision of the Haryana Staff Selection Commission.
Issues: The main issue was whether the petitioners fulfilled the eligibility criteria as laid down in the recruitment notice and the rules made under the proviso to Article 309 of the Constitution of India.
Ratio Decidendi: The court emphasized that the exemption from HTET cannot be claimed as a matter of right and upheld the decision of the Haryana Staff Selection Commission based on the eligibility criteria and the candidates' failure to clear the HTET examinations.
Final Decision: The petition was dismissed by the court.

JUDGMENT

Anil Kshetarpal, J. - Hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

2. By this order, Civil Writ Petition No.38102, 40573, 38247, 40674, 38221, 40449, 40640, 38137 and 40653 of 2018, 6, 19, 20, 3353, 4384, 10268 and 14516 of 2019, shall stand disposed of.

3. Through this petition, the petitioners call in question the decision of the respondents not to call them for interview for the post of Trained Graduate Teachers (TGT) (Physical Education) (Category No.2), pursuant to recruitment notice dated 28.06.2015. The basic issue which requires determination is "whether the petitioners fulfill the eligibility criteria as laid down in the recruitment notice and the rules made under the proviso to Article 309 of the Constitution of India.

4. Before answering the question, it would be appropriate to note the eligibility criteria in the recruitment notice and the Rules. A recruitment notice was published on 28.06.2015 by the Haryana Staff Selection Commission, inviting online applications for 1919 posts of Trained Graduate Teachers(TGT)(Group-C Services). As per the recruitment notice, the eligibility was as under:-

"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.

Note-The candidates those who are having/passed HTET till the date of interview after advertisement will be allowed for interview on the basis of acquiring HTET(Test) till the date of interview.

c) Essential qualification (EQ) is given with each post."

5. The State of Haryana has in the exercise of powers under proviso to Article 309 of the Constitution of India has made the Rules, namely, the Haryana School Education (Group-C) State Cadre Service Rules, 2012 (hereinafter referred to as the 2012 Rules') which came to be notified on 11.04.2012. Part-II thereof provide for recruitment to the service. Rules 4, 17 and relevant part of the Appendix 'B' are extracted as under:-

"4. (1) No person shall be appointed to any post in the Service, unless he is,-

(a) a citizen of India; or

(b) a subject of Nepal; or

Provided that a person belonging to any of the categories (b) or (c) shall be a person in whose favour a certificate of eligibility has been issued by the Government.

A person in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the recruiting agency but the offer of appointment may be given only after the necessary eligibility certificate has been issued to him by the Government.

No person shall be appointed to any post in the Service by direct recruitment on contract basis unless he produces a certificate of character from the Principal Academic Officer of the university, college, school or institution last attended, if any, and similar certificate from two other responsible persons, not being his relatives, who are well acquainted with him in his private life and are unconnected with his university, college, school or institution."

XX XX XX XX

"Power of Relaxation-17. Where the Government is of the opinion that it is necessary or expedient to do so, it may by order, for reason to be recorded in writing, relax and other connected cases -4- any of the provisions of these rules with respect to any class or category of persons."

Appendix 'B'

TGT Physical Education

Graduate with Bachelor of Physical Education (B.P.Ed.) or its equivalent from a recognized University;
(ii) Matric with Hindi/ Sanskrit or University; 10+2/B.A./M.A. with Hindi as one of the subject;
(iii)Certificate of having qualified Haryana Teacher Eligibility Test (HTET)

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