CWP No.24377 of 2016
Suman Vs. State of Haryana & ors.
Present: Mr. PR Yadav, Advocate, for the petitioner.
*****
Challenge in this petition is to the advertisement No.3/2015,
dated 20.6.2015 (Annex P-11 pg.82), where in the eligibility clause, Haryana Teacher Eligibility Test (HTET) qualification was mandatory for purposes of appointment as Trained Graduate Teachers (TGT) is restricted to “respective subject for the post applied”. The post applied for by the petitioner is TGT (Physical Education). The petitioner is HTET qualified in 2011 valid till December, 2016.
The contention of Mr. Yadav is that this condition restricting HTET subject-wise is contrary to the
guidelines of the National Council for Teacher Education found at pg.22 of the paper-book which deals with Paper II (for Classes VI to VIII) the Teachers' Eligibility Examination conducted by Union Government at the national level, where relevant Clause (iv) read as follows:-
“(iv)
(a) For Mathematics and Science teacher:
Mathematics and Science-60 MCQs of 1 mark each
(b) For Social Studies teacher: Social Studies-60 MCQs of 1 mark each
(c) For any other teacher: either 4 (a) and 4 (b)
Mr. Yadav contends that his client's case falls in sub-clause
(c) and therefore, qualifying HTET from Haryana School Education Board, Bhiwani would be sufficient for consideration for eligibility for appointment in subjects other than Mathematics, Science and Social Studies and would cover other subjects which were taught in schools in Haryana where sub-clause (c) permits the test to be applicable to other teachers which fall in Clauses iv (a) or iv (b) of the guidelines.
It is further submitted that the rules for direct appointment of
TGT are governed by the provisions of the Haryana School Education (Groups C) State Cadre Service Rules, 2012, where the word 'respective subjects' is not used for TGT (Physical Education). All that is required is to be a holder of B.P.Ed degree or its equivalent from a University or recognized institution and Matric with Hindi/Sanskrit or 10+2/ BA/MA with Hindi as one of the subject and lastly and more importantly possession of certificate of having qualified HTET or STET. It is urged that the petitioner fulfills the eligibility conditions laid down in the rules but his name has been dropped from the selection list by applying the expression 'respective word' in the advertisement (Annex P-11 pg.82) to
his disadvantage. Accordingly, it is argued that if an adinterim order is not passed the petitioner's case will not be processed further in the selection process and he would be deprived of an opportunity of consideration which may be difficult to cure, in case the petition is allowed. To avoid irremediable complications which may result, the respondents are put to notice.
Notice of motion, returnable by 12.1.2017.
In the meanwhile, the candidature of the petitioner would be
considered provisionally in the further process of selection, subject to result of this petition, and in case the date falls before the next date fixed in the case, the petitioner would be interviewed etc. and his result kept in sealed cover till further orders.
(RAJIV NARAIN RAINA)
JUDGE
28.11.2016
Suman Vs. State of Haryana & ors.
Present: Mr. PR Yadav, Advocate, for the petitioner.
*****
Challenge in this petition is to the advertisement No.3/2015,
dated 20.6.2015 (Annex P-11 pg.82), where in the eligibility clause, Haryana Teacher Eligibility Test (HTET) qualification was mandatory for purposes of appointment as Trained Graduate Teachers (TGT) is restricted to “respective subject for the post applied”. The post applied for by the petitioner is TGT (Physical Education). The petitioner is HTET qualified in 2011 valid till December, 2016.
The contention of Mr. Yadav is that this condition restricting HTET subject-wise is contrary to the
guidelines of the National Council for Teacher Education found at pg.22 of the paper-book which deals with Paper II (for Classes VI to VIII) the Teachers' Eligibility Examination conducted by Union Government at the national level, where relevant Clause (iv) read as follows:-
“(iv)
(a) For Mathematics and Science teacher:
Mathematics and Science-60 MCQs of 1 mark each
(b) For Social Studies teacher: Social Studies-60 MCQs of 1 mark each
(c) For any other teacher: either 4 (a) and 4 (b)
Mr. Yadav contends that his client's case falls in sub-clause
(c) and therefore, qualifying HTET from Haryana School Education Board, Bhiwani would be sufficient for consideration for eligibility for appointment in subjects other than Mathematics, Science and Social Studies and would cover other subjects which were taught in schools in Haryana where sub-clause (c) permits the test to be applicable to other teachers which fall in Clauses iv (a) or iv (b) of the guidelines.
It is further submitted that the rules for direct appointment of
TGT are governed by the provisions of the Haryana School Education (Groups C) State Cadre Service Rules, 2012, where the word 'respective subjects' is not used for TGT (Physical Education). All that is required is to be a holder of B.P.Ed degree or its equivalent from a University or recognized institution and Matric with Hindi/Sanskrit or 10+2/ BA/MA with Hindi as one of the subject and lastly and more importantly possession of certificate of having qualified HTET or STET. It is urged that the petitioner fulfills the eligibility conditions laid down in the rules but his name has been dropped from the selection list by applying the expression 'respective word' in the advertisement (Annex P-11 pg.82) to
his disadvantage. Accordingly, it is argued that if an adinterim order is not passed the petitioner's case will not be processed further in the selection process and he would be deprived of an opportunity of consideration which may be difficult to cure, in case the petition is allowed. To avoid irremediable complications which may result, the respondents are put to notice.
Notice of motion, returnable by 12.1.2017.
In the meanwhile, the candidature of the petitioner would be
considered provisionally in the further process of selection, subject to result of this petition, and in case the date falls before the next date fixed in the case, the petitioner would be interviewed etc. and his result kept in sealed cover till further orders.
(RAJIV NARAIN RAINA)
JUDGE
28.11.2016
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