SHIVANI GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The genesis of present dispute, subject matter of these writ petitions, can be traced to November-2005 when due to shortage of teachers, the District Education Officers were prompted by the State of Haryana to fill up the vacancies of Lecturers, Masters and C&V Teachers by engaging the Guest Faculty Teachers (GFTs) against the sanctioned posts. These GFTs were initially engaged on different dates in 2005 and were to continue up to 31.3.2006. However, as would be noted in detail at the appropriate stage, most of these GFTs continued beyond that period and are in service even now. In the interregnum, legal battles ensued in various forms which were taken up to the Supreme Court. The outcome of the various cases was that GFTs are not to be regularized only because of their length of service; no fresh appointments of GFTs would be made from 1.4.2012 and exercise to complete the process of regular selection must be completed within the specified time. The State of Haryana has now taken steps for filling the posts of Teachers in various disciplines on regular basis. Requisition is sent to the Haryana School Teachers Selection Board (hereinafter to be referred to as 'the Selection Board') for this purpose. Before doing so, new statutory Rules, namely, The Haryana State Education School Cadre (Group-B) Service Rules, 2012 (hereafter to be referred to as 'Rules of 2012') have been promulgated. Before that, the Rules known as 'The Haryana State Education Lecturer School Cadre (Group-C) Service Rules, 1998 (for short, 'Rules of 1998') were in vogue.

(2.) From the perusal of Appendix 'B' of Rules of 1998, it is clear that the basic qualification required for the post of Lecturer was MA in the relevant subject with Matric and a certificate of having qualified the School Teachers Eligibility Test (STET) (which was added in 2008) but now by way of the new Rules, an amendment has been made by inserting the qualification of Post Graduation in the relevant subject along with B.Ed. and having passed the STET. Notwithstanding this stipulation of basic essential qualifications in the Rules, at the end of Appendix 'B', Note (i) is given whereby exemption from passing STET/Haryana Teachers Eligibility Test (HTET) is given to the candidates who have worked as Teachers for a minimum period of four years on the date of enforcement of these Rules.

(3.) Advertisement has been issued whereby approximately 14,000 posts of PGT Teachers in different subjects are advertised. The qualifications common to all posts specified are: (a) Matric with Hindi/Sanskrit or 10+2/B.A./M.A. with Hindi as one of the subject and (b) Certificate of having qualified HTET/STET. Further under Note-2, one time exemption of HTET/STET has been granted to the candidates who have worked for minimum four years till 11.4.2012 in privately managed government aided, recognized and government schools. It is further provided that this relaxation is only one time and candidates will have to qualify STET/HTET not later than 1.4.2015, otherwise their services will be terminated automatically.