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Wednesday, March 28, 2012

Supreme Court Judgement : Writ against Teacher Eligibility Test (TET) is Dismissed And Weightge of Experience is Quashed, Petition Dismissed



Teacher Eligibility Test is Compulsory as per advertised for employment, And Guest Teacher Experience weightage quashed ( A decision of Highcourt Punjab & Haryana Maintained )Due to the FACT - Guest faculty experience is obtained in contractual service and weightage of experience give in corrigendum after 15 days of original advertisement and it looks -Indirect methodology to make permanent Guest Teachers.See case details and any better explanation welcom through comment and can be incorporate in blogpost. 
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ITEM NO.55 COURT NO.6 SECTION IVB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).29755/2010
(From the judgement and order dated 06/04/2010 in CWP
No.13045/2009 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)
MAHENDER KUMAR & ORS. Petitioner(s)
VERSUS
STATE OF HARYANA & ORS. Respondent(s)
(With prayer for interim relief and office report)
WITH SLP(C) NO. 24882 of 2010
(With appln.(s) for intervention and permission to file rejoinder
affidavit and with prayer for interim relief and office report)
with
I.A.No.1162 (Appln.for intervention)
SLP(C) NO. 24884 of 2010
(With appln.(s) for deletion of the name of petitioner and office
report)
SLP(C) NO. 24883 of 2010
(With office report)
SLP(C) NO. 25010 of 2010
(With office report)
Date: 21/02/2012 These Petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE G.S. SINGHVI
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
For Petitioner(s) Mr.Shish Pal Laler, Adv.
Mr.N.P.Midha, Adv.
Mr. Balbir Singh Gupta,A.O.R.(Not Present)
For Respondent(s) Mr.P.P.Rao,Sr.Adv.
For RR Nos.1 & 3 Dr. Monika Gusain,Adv.
Mr.Hari Om Yaduvanshi, Adv.
For RR No.4 Mr.D.S.Chauhan, Adv.
Mr.Rajinder Juneja, Adv.
For RR No.2 Mr. John Mathew,Adv.
Mr. Kamal Mohan Gupta,Adv.
 UPON hearing counsel the Court made the following
O R D E R
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The IA No. 38 for deleting the name of petitoner no.
2852, i.e., Chaman S/o Dharamvir in SLP(C) No. 24884 of 2010 is
allowed in terms of the prayer.
These petitions are directed against order dated 06.04.2010 passed by the Division Bench of the Punjab and Haryana High Court whereby the exemption granted to the Guest Faculty (Lecturers / Teachers) from passing the requirement of School Teachers Eligibility Test (for short, 'STET') for the purpose of regular appointment to Group 'B' posts and the grant of weightage
of 24 marks in lieu of the experience gained by working as GuestFaculty was quashed
With a view to ensure that the education of students does not suffer due to non-availability of teachers the Government of Haryana, Department of Education framed policy for recruitment of Guest Faculty. For this purpose detailed guidelines were issued on 18.9.2006. After one year and two months, the State Government issued instructions vide circular dated 17.11.2007 to all the concerned officers to stop engaging Teachers on the Guest Faculty basis. On 2.12.2008, the Government issued guidelines for temporary adjustment of displaced Guest Teachers by way of stop gap arrangement. By circular dated 2.3.2009, the Government amended the terms and conditions enshrined in letters dated 29.11.2005, 16.12.2005 and 27.9.2006 for engaging the Teachers on Guest Faculty. 

In furtherance of the requisition received from the concerned department, the Haryana Public Service Commission (for 3 short, 'the Commission') issued advertisement no. 3 which was published in newspapers on 18.6.2009 for recruitment of 1317 Temporary Lecturers (School Cadre), HES-II (Group-B) were as under
"Essential Qualification:
1.Essential Qualifications for the Lecturers of all Subjects except Lecturer in Chemistry, History, Maths and Pol. Science:
(i)Post Graduate Degree in relevant subject from a recognized university alongwith at least 50% marks. 
(ii) Certificate of having qualified School Teacher's Eligibility Test. (iii) Matric with Hindi / Sanskrit."

The relaxation clauses contained in the advertisement did not provide for exemption to any class / category of candidates from passing STET. However, after 15 days of the publication of
advertisement, the Commission issued corrigendum dated 3.7.2009 incorporating therein the decision taken by the State Government to give exemption to the Guest Teachers from passing STET and age relaxation apart from giving additional 6 marks for six months' experience subject to the maximum of 24 marks. The relevant portions of the corrigendum are reproduced below: 

"Besides as per the decision of the State Government the guest teachers applying for these posts will be given exemption from passing the School Teachers Eligibility Test (STET) and age relaxation in the upper age limit in additional weightage for having served the department as guest teacher will be given as under:
"No weightage will given to a person who has served for less than six months. For the six months experience 6% additional marks to be given and one percent additional will be given for every additional month of engagement subject to maximum 24 marks."

Necessary Stipulation:
In case the Hon'ble Punjab and Haryana High Court does not agree to the grant of relaxation to the guest teachers, the same will not be given to them at the time of final selection."
Respondent no. 2, viz., Ashok Kumar challenged the corrigendum in Writ Petition No. 13045 of 2009 mainly on the ground that the so-called policy decision taken by the State Government to exempt the Teachers engaged as Guest Faculty from passing STET and grant of weightage of additional marks is ultra vires the provisions of the Haryana State Educational Lecturer School Cadre (Group 'C') Service Rules, 1998 (for short, 'the Rules') and Articles 14 and 16 of the Constitution because that would amount to indirect regularisation of the services of the Teachers who were engaged as the Guest Faculty.

In the counter filed by the State Government the exemption granted to the Guest Faculty from clearing the STET was justified on the premise that such test had not been conducted in the State for many years. The grant of weightage of additional marks was also defended on the premise that the members of the Guest Faculty had acquired sufficient experience by working as Lecturers / Teachers.

The Division Bench of the High Court referred to the policy framed by the State Government to recruitment to Guest Faculty, the relevant provisions of the Rules, the orders passed in Writ Petition Nos. 2743/2006, 387/2007 and 5289/2007 filed by Teachers appointed as the Guest Faculty and observed:

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