MANISHA Vs. HARYANA STAFF SELECTION COMMISSION & ANR

JUDGEMENT

(1.) Petitioner has approached this Court challenging the order dated 27.10.2010 (Annexure P-5) passed by respondent No.1 declaring the result of the petitioner for the post of Principal (H.E.S.-II). It is the contention of the counsel for the petitioner that the petitioner was initially interviewed in accordance with the application submitted by her for appointment to the post of Principal, (H.E.S.-II), Education Department, in pursuance to advertisement dated 6/2007 category No.7 dated 21.6.2007. But the result of the petitioner was not declared on the ground that her candidature has been rejected. The result of the selection was declared on 30.1.2008 thereafter again.

(2.) Counsel contends that once the result has already been declared, the subsequent declaration of the result of the petitioner dated 27.10.2010 vide the impugned order cannot be sustained. He further contends that the question of holding the interview of the petitioner for granting her marks for the experience does not arise as her candidature was rejected earlier due to less experience. He, on this basis contends that since the petitioner has not been granted any marks in the interview nor has she participated in the same, rejection of her candidature is not sustainable.

(3.) On the other hand, counsel for the respondents, submits that initially the Haryana Staff Selection Commission, had vide communication dated 31.10.2007 addressed to the Education Department, Haryana sought clarification whether the experience of a teacher is to be considered as valid experience for the post of Principal, to which response was received vide letter dated 9.1.2008 (Annexure R-1/1) whereby the Commission was intimated that the teaching experience as Masters/Lecturers/Head Masters of the High School only is to be taken into consideration. During the interregnum, when the clarification was not yet issued by the Education Department, respondent-Commission held the interview provisionally of such candidates, including the petitioner, who possess the experience of Hindi or Sanskrit Teacher on 28.11.2007.