JAIDARTH Vs. STATE OF HARYANA

JUDGEMENT

(1.) AUGUSTINE George Masih, J.

(2.) PETITIONERS have approached this Court praying for quashing of the advertisement dated 08.11.2012 (Annexure P -7), wherein acquiring of the certificate of qualifying the Haryana Teacher Eligibility Test is made essential by the Haryana School Teachers Selection Board on the ground that during the said period, i.e., 2010 -12, no HTET was held. Prayer has also been made that the petitioners, who have passed Diploma in Education and the result has been declared in January, 2013, be treated also eligible as in the light of the order passed by the Division Bench of this Court, the eligibility even qua qualifications stands automatically extended.

(3.) IT is the contention of the counsel for the petitioner that the petitioner had taken admission in Elementary Teacher Training Course for the Session 2009 -11 from the J&K State Board of School Education. The petitioner was declared successful by passing her course and the detail marks certificate was issued to her on 08.01.2013. Petitioner, although has passed her HTET Examination in the year 2011, but has been rendered ineligible because of late declaration of the result, for which the petitioner cannot be held responsible nor can she be penalised for the same. His further contention is that the candidates, who had passed HTET/STET Test in the year 2013, have also been provisionally interviewed by the Haryana School Teachers Selection Board -respondent No.3 and, therefore, if such a relaxation has been granted to the HTET/STET candidates for participation in the selection, why should such a benefit be not granted to the petitioner, whose result has been declared in January, 2013. He, therefore, prays that the condition as imposed in the advertisement dated 08.11.2012 deserves to be quashed. He further submits that the regularization granted by the Board making the HTET/STET candidates eligible, who have passed the same in the year 2013, amounts to varying the eligibility conditions as laid down in advertisement which is impermissible in law and, therefore, deserves to be set -aside. I have considered the submissions made by the counsel for the petitioner and with his assistance have gone through the records of the case.