DINESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was declared ineligible for the post of PGT Physics in a recruitment process starting mid 2012 for appointments in the Education Department, Haryana. The selection was conducted by the erstwhile Haryana School Teachers Selection Board. As per the advertisement, the eligibility qualification was Matric with Hindi/Sanskrit or 10+2/BA/MA with Hindi as one of the subject. In addition, candidate should have qualified Haryana Teachers Eligibility Test (HTET) or School Teachers Eligibility Test (STET) of the respective subject conducted by the Board of School Education, Haryana, Bhiwani. The note gave one time exemption to HTET/STET to candidates who have worked for minimum four years till April 11, 2012 in privately managed Government aided schools, recognized schools and Government schools and they must be in service on April 11, 2012. Candidates will have to qualify HTET not later than April 01, 2015 otherwise services will be terminated automatically. That apart, the advertisement required consistent good academic record according to the percentages mentioned, which are not necessary to go into. Lastly, M.Sc. candidate must hold degree of M.Sc. Physics/Applied Physics/Nuclear Physics/Electronics Physics with at least 50% pass marks.

(2.) The petitioner had thus to show he had four years cumulative experience as on April 11, 2012 as per Note-2 of the advertisement. He attached evidence of two of them. One from Government Model Senior Secondary School, Samalkha, District Panipat for the period November 07, 2006 to August 10, 2007 (22 weeks and 7 periods); the other experience certificate was from the Panipat Institute of Engineering & Technology, Patti, Kalayana Samalkha for the period August 10, 2007 to June 2012.

(3.) At the time of scrutiny of documents-cum-interview process, objections were red flagged in the experience documents of the petitioner but still he was allowed to appear for interview provisional subject to depositing required documents in the office of the Board. Accordingly, vide letter dated November 29, 2012 the Board sent letters to the candidates and the petitioner who had been provisionally interviewed asking them to deposit their proper/requisite documents as proof of requisite experience within the time specified. The petitioner submitted the same experience certificates as he had earlier which included the disputed experience earned at the Panipat Institute of Engineering & Technology. Since the experience from this Institute did not match the advertised eligibility conditions the petitioner's candidature was rejected. Rejection of candidature came on November 29, 2012 (P-11).