HARMAN PREET SINGH WADHWA AND ORS. Vs. STATE OF PUNJAB AND ORS.
LAWS(P&H)-2016-3-14
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 11,2016

Harman Preet Singh Wadhwa And Ors. Appellant
VERSUS
State of Punjab and Ors. Respondents

JUDGEMENT

- (1.) Petitioners seek quashing of the last cut-off date stipulated in the public notice dated 09.11.2015 (Annexure P4), for receipt of on-line applications for 3522 posts of ETT Teachers in the State of Punjab. Prayer is made on the strength of the fact that the Teachers Eligibility Test had not been conducted within a period of 1 year and therefore, the test which was to be held on 13.12.2015 would enable several candidates to become eligible and allow them to participate in the selection process. As per the said advertisement, apart from the educational qualifications of Matriculation/10+2 and 2 years' Elementary Teachers Training Course, the mandatory requirement was that the candidate should have passed the PSTET-I, conducted by the State Government, under the Right to Education Act, 2010. The cut off date was fixed as 02.12.2015. Relevant portion of the educational qualifications requirement are as under: "2. Educational Qualifications. i) Matric/10+2 ii) Training/Elementary Teachers Training two years course of Punjab State or from any other State or Union Territory declared equivalent and recognized by the Punjab Government. In addition to the above mentioned education qualifications, the candidates must have passed the Punjab State Teachers Eligibility Test-I (P.S.T.E.T.-I) under RTE Act as conducted by Govt. of Punjab. 3. Mode of Selection: The Final merit list of the eligible candidates will be prepared of the candidates fulfilling the educational qualification/professional qualification and other conditions on the basis of the marks obtained by candidates in Punjab State Teachers Eligibility Test-I (P.S.T.E.T.-I). Note:- If more than one candidate secures the equal marks in the Punjab State Teachers Eligibility Test-I (P.S.T.E.T.-I), then in that eventuality, candidates older in age shall be higher in merit and if the age of candidates is also equal, then candidates having higher percentage of marks in ETT shall be placed higher in merit."
(2.) As per Clause 7(ix), the posts mentioned in the advertisement could be increased or decreased by the Government. Same reads as under: "7. xxxx xxxx xxxx (xi) The posts mentioned in the advertisement can be increased or decreased by the Government. xxxx xxxx xxxx Important Note : Candidate's all the certificate educational/professional qualifications and category certificates, SC, BC, LDC, Sports gradation, handicapped & freedom fighter & other important certificates should be issued by the competent authority before the last date 02.12.2015 of submission of on line application forms. Certificate issued after 02.02.2015 will be rejected by the department. xxxx xxxx xxxx Compulsory Mode : The candidates first apply for online registration and the last date is 02.12.2015 (5.00 PM evening). Registration is the last date of submission of application. After getting himself registered, the candidate shall deposit the prescribed fee. After the depositing of the fee in the bank and after confirmation of fee deposited, the applicant can fill his online application form and the last date for the same is 07.12.2015 by 5.00 PM in the evening."
(3.) The State had issued as many as 5 advertisements through the State Recruitment Board, wherein the following number of posts were to be advertised, apart form the ETT Teachers in November, 2015: "(i) 1200 posts of Math Masters/Mistresses (ii) 1000 posts of Punjabi Masters/Mistresses (iii) 350 posts of Hindi Masters/Mistresses (iv) 1800 posts of Science Masters/Mistresses (v) 1500 posts of Social Studies Masters/Mistresses.";


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.