Satbir Singh vs State Of Haryana And Others

,,,

Anil Kshetarpal, J",,,

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

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.,,,

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.â€​,,,

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,,,

(c) a subject of Bhutan:,,,

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.â€​,,,

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 any of the provisions of these rules with respect to any class or category of persons.â€​",,,

Appendix 'B',,,

TGT Graduate withGraduate with,,,

Physical Bachelor of PhysicalBachelor of Physical,,,

Education Education (B.P.Ed.) orEducation (B.P.Ed.) or,,,

its equivalent from aits equivalent from a,,,

recognized University; recognized University;,,,

(ii) Matric,,,

with (ii)Certificate of,,,

Hindi/,,,

Sanskrit having qualified,,,

or University; Haryana Teacher,,,

10+2/B.A./M.A. with Eligibility Test,,,

Hindi as one of the (HTET) /School,,,

subject; Teachers Eligibility,,,

Test (STET);,,,

(iii)Certificate of(iii) 3 years,,,

having qualifiedexperience as,,,

10,,"Haryana Teacher

Eligibility Test

(HTET) /School

Teachers Eligibility

Test (STET).","Physical Training

Instructor (PTI).

By

Transfer/deputation:

(i)Graduate with

Bachelor of Physical

Education (B.P.Ed.) or

its equivalent from a

recognized University;

(ii) Matric with Hindi/

Sanskrit or

10+2/B.A./M.A. with

Hindi as one of the

subject;

(iii) 5 years teaching

experience as TGT

Physical Education.

(iv)Certificate of

having qualified

Haryana Teacher

Eligibility Test (HTET)

/School Teachers

Eligibility Test

(STET).

On careful reading of the 2012 Rules, it is crystal clear that the candidates were required to get a certificate of eligibility before they are admitted to",,,

an examination or interview for the post of TGT. No doubt, the State has the enabling power to relax any provision of the Rules. There is also no",,,

doubt that by amendment in the 2012 Rules, the State Government after recognizing the initial difficulties, did grant exemption for the first recruitment",,,

which had taken place after notification of the 2012 Rules. However, even under Rule 19-A of the 2012 Rules, the transitional provision requires that",,,

such persons shall have to qualify the Haryana Teachers Eligibility Test (HTET) and B.Ed. by 01.04.2015. This date was extended upto 01.04.2018,,,

by a subsequent amendment. It is also not in dispute that Haryana Teachers Eligibility Test (HTET) examinations have been held in the year 2017 as,,,

well as in the year 2018 but none of the petitioners could clear the same. It is also settled that the exemption cannot be claimed as a matter of right.,,,

The State in its reply has pointed out that such exemption was granted in the first recruitment held after notifying the 2012 Rules and the present,,,

recruitment is the second recruitment. Still further, the candidates were given opportunities to appear in the Haryana Teachers Eligibility Test (HTET)",,,

examination in the year 2017 as well as in 2018, i.e. twice before conducting the interviews. It may be noted here that the petitioners have applied for",,,

recruitment as TGT in various subjects. The requirement of clearing Haryana Teachers Eligibility Test (HTET)/State Teachers Eligibility Test is,,,

common to all the subjects.,,,

Keeping in view the aforesaid facts, since the petitioners were not eligible, therefore, no fault can be found in the decision taken by the Haryana Staff",,,

Selection Commission.,,,

As regards the case of Rakhi Rani, it is apparent that she cleared the Haryana Teachers Eligibility Test (HTET) examination in January, 2019,",,,

whereas the interview was held in December, 2018. Thus, on the date of interview, Ms. Rakhi Rani was not eligible.",,,

Keeping in view the aforesaid facts, no ground to issue the writ as prayed for is made out.",,,

Hence, dismissed.",,,