KAVITA HOODA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THROUGH the present petition, the petitioner seeks quashing of order dated 08.10.2012 (Annexure P -11) passed by respondent no. 2 - Haryana School Teacher Selection Board (hereinafter referred to as - the Board), rejecting the candidature of the petitioner for appointment as a Post Graduate Teacher (PGT) in Geography on the ground that she does not have four years' teaching experience for being granted exemption from the requisite qualification of having passed the Haryana Teacher Eligibility Test (HTET)/School Teachers Eligibility Test (STET). The petitioner further seeks a direction to the respondents to appoint her as PGT in the subject of Geography.

(2.) THE uncontroverted facts, which have emerged from perusal of the record and the arguments raised at the bar are that through advertisement dated 07.06.2012, the respondent Board invited applications for appointments to the posts of PGTs, including 18 posts of PGT (Geography). Passing of HTET/STET exam was one of the requisite qualifications. However, one time exemption from passing HTET/STET was to be granted to candidates, who had a minimum of four years' teaching experience as on 11.04.2012 in privately managed Govt. Aided Schools, Recognized Schools and Govt. Schools and were in service on 11.04.2012. In case the candidates were selected and appointed, they were required to pass the HTET after their joining and on their failing to clear the test, their services were liable to be terminated. The advertisement further provided that the Certificate for exemption from passing the HTET/STET was required to be signed by the Head of the Institute, verified by the District Education Officer (DEO) and counter -signed by Director of Secondary Education (hereinafter referred to as - the Director) of the concerned State. Notes 2 and 3, as contained in the advertisement, which are relevant, are reproduced below : -

(3.) ON consideration of the application of the petitioner, through order dated 08.10.2012, her candidature was rejected on the ground that she did not have the required teaching experience of four years to be granted exemption from passing of HTET/STET, as certified in the exemption certificate dated 13.07.2012. So far as her experience certificates for the period from 12.01.2005 to 31.05.2007 were concerned, the same were rejected on the ground that they were not counter -signed by the Director. She was given opportunity of seven days to put forward her case to claim her eligibility, in response to which she reiterated that her teaching experience from July 2007 till July 2012 i.e. for 04 years 01 month and 23 days had already been certified and counter -signed on behalf of the Director, Secondary Education, Haryana. Her other teaching experience from January 2005 till May 2007 was also got counter -signed from the Director and produced. However, her candidature was still rejected on the following two counts :