- (1.) The present petition is for issuance of writ in the nature of certiorari quashing qualification No. (vi) i.e Consistent Good Academic Record' as explained by note (e) for the post of Post Graduate Teacher (Category No. 2) in the advertisement dated 10.07.2012 issued by respondent No. 2. The petitioner who is M.A., M.Ed, had qualified Haryana Teacher Eligibility Test as well as School Teachers Eligibility Test and the mark sheets/certificates to that effect are Annexure P-1 to P-8. Ministry of Human Resources Development is setting up 3600 Model Schools in the country under the Management and supervision of State Government. Further the Government of India Ministry of Human Development Department of School Education and Literacy has sanctioned 36 (AAROHI Educationally Backward Block) Model Schools in Haryana at Block Headquarters under the Centrally sponsored scheme on sharing pattern. Respondent No. 2 had issued Advertisement dated 10.07.2012 for the post of PGT for various subjects and the closing date for submission of Online Application was 31.07.2012 (P-9). In this advertisement, qualification No. (vi) i.e Consistent Good Academic Record' as explained by note (e) for the post of Post Graduate Teacher (Category No. 2) means that out of the lower qualifications i.e Graduation/10+2/Matric etc, then the requisite minimum qualification, one must secure at least 55% marks in the lower examination and 50% in another. In case of PGT Computer Science, 3 years diploma from State Board of Technical Education will be considered as one lower examination in this regard.
(2.) On notice, a written statement has been filed by respondent No. 1 and stated that the Government of India Ministry of Human Development Department of School Education and Literacy had decided to set up Model Schools in Education Backward Blocks in the country to provide high quality education to talented rural children who may not be in a position to access quality schools in Urban areas and these Model Schools will have infrastructure and facilities of the same standard as in a Kendriya Vidyalaya and with the stipulation on pupil-teacher ratio, ICT usage, Holistic Education Environment, appropriate curriculum and emphasis on output and outcome. Under this project, 75% of the capital cost will be borne by the Central Government and 25% fund will be provided by the State Government. For these schools, 2268 posts of various categories have been proposed to be sanctioned and the sanctioned is awaited any time. The respondents has framed by-laws for the employees of these Aarohi Model schools and got approved from the competent authority, vide Annexure R-1.
(3.) The reply filed by respondent No. 3 and the affidavit filed by M.P. Verma, State Project Director, Haryana Shiksha Pariyojna Parishad, Shiksha Sadan, Sector 5, Panchkula are same to that of reply filed by respondent No. 1. The petitioner is seeking quashing of the above said condition on the grounds (i) similar condition was prescribed for selection to the post of PGT's in Advertisement No 1/2012 dated 06.07.2012 (P-10) by Haryana School Teachers Selection Board which has been ommitted vide corrigendum dated 03.07.2012 (P-11); (ii) the petitioner has otherwise qualified Haryana Teacher Eligibility Test as well as School Teachers Eligibility Test with more than 60% marks and 63.25% marks in M.A. Hindi which is essential qualification for the post.;