PREETI SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court praying for issuance of a writ of mandamus directing respondent No.2 to permit her to participate in the interview for the post of Primary Teacher for which a call letter was issued to her and the interview was fixed for 13.12.2012, but her candidature has been rejected on the ground that she had passed her qualifying examination, i.e., Diploma in Education after the cut off date, i.e., 08.12.2012.

(2.) IT has been contended by the counsel for the petitioner that since the candidates, who had passed their HTET Examination in the year 2013 have been permitted by way of an interim order passed by this Court to participate in the selection process and have been interviewed provisionally, the same would amount to extending the last date of receipt of applications, which has an impact automatically for extending the eligibility condition with regard to the educational qualifications as well and, therefore, non -conduct of interview of the petitioner despite she having passed her Diploma in Education in January, 2013 cannot be sustained. This contention of the counsel for the petitioner cannot be accepted in the light of the order passed in Civil Writ Petition No.839 of 2014 (Ms.Monika Versus State of Haryana & others), decided on 20.01.2014, wherein it has been held as follows: -

(3.) THE next contention as has been raised by the counsel for the petitioner that the candidates, who have cleared their HTET test in 2013, have been allowed to participate in the selection process by the respondents, although the condition of passing the HTET test was also incorporated in the advertisement, which was 08.11.2012 and the last date being 08.12.2012, the same benefit be extended to the petitioner, this plea of the counsel for the petitioner also cannot be accepted in the light of the fact that such an action taken by the respondent -Board is in pursuance to an order passed by the Division Bench of this Court, where keeping in view the fact that HTET test in year 2012 was not held, the Division Bench, on provisional basis, permitted the candidates, who had passed the HTET test held in the year 2013 to participate in the interview. This action taken by the respondents is not of their own but as per the directions issued by this Court.