- (1.) Petitioners have approached this Court praying for quashing of the advertisement dated 07.06.2012 (Annexure P-3), vide which relaxation in qualifying Haryana Teachers Eligibility Test (hereinafter referred to as 'HTET')/School Teachers Eligibility Test (hereinafter referred to as 'STET') as well as B.Ed. and in Consistent Good Academic Record, has been granted as also quashing of the interpretation dated 05.07.2012 (Annexure P-6) given by the Haryana School Teachers Selection Board (hereinafter referred to as 'Board') regarding corrigendum dated 03.07.2012. A writ of mandamus has also been prayed for directing the Board to grant relaxation in the condition of qualifying the HTET certificate in the case of the petitioners, who are fresher and have no experience.
(2.) An advertisement dated 07.06.2012 was issued by the respondent-Board inviting applications on-line for direct recruitment to the Post Graduate Teacher (PGT)-Haryana Education Service-II (Group-B Services) for various subjects and last date for submission of the on-line applications was 28.06.2012 by 5 P.M. Vide corrigendum dated 28.06.2012, the last date for submission of the application forms was extended to 09.07.2012 (Annexure P-4). Another corrigendum was issued on 03.07.2012, wherein consequent upon the amendment in the Haryana State Education School Cadre (Group B) Service Rules, 2012 and the Mewat District School Education (Group-B) Service Rules, 2012 vide notification dated 02.07.2012, advertisement dated 06.06.2012, which was published on 07.06.2012, was partially modified. According to Clause 4 of this corrigendum, a Transitional Provision was introduced, according to which, persons fulfilling conditions of qualifications as per old Rules of Haryana State Education Lecturer School Cadre (Group-C) Service Rules, 1998, were made eligible for recruitment as a one time measure. However, such persons were mandated to qualify the HTET and B.Ed by 01.04.2015 and on failing to do so, appointment shall stand terminated automatically without giving any further notice.
(3.) Petitioners contend that in the light of this transitional provision, petitioners became eligible to apply for against the post of Post Graduate Teachers advertised on 07.06.2012 but they did not succeed in registering their applications on website of the Board despite trying for it many times. Petitioners enquired from the officials and explained the difficulty, which was being faced by them but no action was taken by the respondent-Board. Another advertisement was issued on 05.07.2012 (Annexure P-6), wherein the Board interpreted the Transitional Provision, as brought about vide corrigendum dated 03.07.2012 (Annexure P-5), by stating that the Transitional Provision at para 4 is not to be interpreted in isolation. The Haryana State Lecturer School Cadre (Group-C) Services Rules, 1998 eligibility is applicable provided applicants meet the eligibility conditions given under heading "Common to all posts" at point (a), (b), (c) (i) and (c) (ii). The point (d) is also applicable and has been modified for applicants by granting them relief in essential qualifications, subject combination, B.Ed. and Post Graduate Degree, which have been specified under relevant category of Post Graduate Teachers under para 4 of the corrigendum. This, the petitioners contend, is with an intention to deprive the benefit, which the petitioners have obtained from para-4 of the Transitional Provision, which makes them eligible for appointment to the post of Post Graduate Teacher. It is under these circumstances that the petitioners have approached this Court with a prayer, which has been referred to above.;