RAJVINDER KAUR Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) Identical questions of law and fact are raised in these five CWP Nos.17410 of 2012 (Rajvinder Kaur Versus State of Haryana & others), 23735 of 2011 (Rajinder Kumar Versus State of Haryana & another), 15865 of 2012 (Atam Parkash & others Versus The State of Haryana & others), 22476 of 2012 (Amandeep Garg Versus State of Punjab & others), 22485 of 2012 (Devinder Singh & others Versus State of Haryana & others) and accordingly these petitions are being disposed of together through this common order. For ease of discussion, facts have been noticed from CWP No.17410 of 2012. The petitioners in all these writ petitions seek quashing of the result of Teacher Eligibility Test held by the State of Haryana on the ground that all these petitioners being belonging to Backward Class or Physically Handicapped Category are entitled to relaxation upto 5% in the qualifying marks as are allowed to candidates belonging to reserved category of SC/ST and OBC, which concession has been denied to them.

(2.) National Council of Teachers Education (for short "NCTE") has laid down minimum qualifications for a person to be eligible for appointment as a Teacher through a notification issued on 31.3.2010. This is pursuant to the provisions made in Right of Children to Free and Compulsory Education Act, 2009 (for short "the Act"), where a provision has been made for minimum academic qualification for appointment as a Teacher in Classes I to VIII. Notifications accordingly were issued on 23.8.2010 (Annexures P-2) and 29.7.2011(Annexure P-3) laying down minimum qualifications for a person to be eligible for appointment as a Teacher in Classes I to VII. It is provided that a person to be eligible for being appointed as such a Teacher, he must pass the Teacher Eligibility Test (TET), which is to be conducted by appropriate Government in accordance with guidelines framed by the NCTE. As per the petitioners, a provision is made for relaxation upto 5% in the qualifying marks, which is to be allowed to candidates belonging to reserved categories such as SC/ST/OBC/PH.

(3.) School Board of Education, Haryana issued the procedure/guidelines for Haryana Teacher's Eligibility Test, 2011 on 6.7.2011. The examination for Haryana Teachers Eligibility Test was held on 5.11.2011 and 6.11.2011. The petitioner in CWP No.17410 of 2012 had applied for HTET Test, 2011 in the category of Backward Class. She was issued Roll number 2448222. Result was declared and the petitioner was shown to have secured 84 marks and, thus, was declared as failed candidate in the Examination, 2011. The candidates, who secured less marks than the petitioner but were from scheduled caste category, however, were declared pass in view of the 5% relaxation in qualifying marks allowed to such reserved category candidates. Aggrieved against this result, the petitioner submitted a representation to Director, Board of School Education, Haryana seeking this relaxation of 5% being a Backward Class Category candidate and has ultimately filed the present petition to seek cancellation of her result as declared and a direction to declare her as a pass candidate.