Peshi 18.3.2015.sxw - Punjab & Haryana High Court
Transcription
Peshi 18.3.2015.sxw - Punjab & Haryana High Court
108 CWP No.2968 of 2015 (O&M) Seema Devi vs. State of Haryana and others Present: Mr. Jasbir Mor, Advocate for the petitioner. Mr. Ravi Pratap Singh, AAG, Haryana. Mr. Jagbir Malik, Advocate for respondent No.6. Mr. Girish Agnihotri, Senior Advocate with Mr. Vijay Pal, Advocate for the intervener. Mr. T.C.Gupta, Principal Secretary School Education Department, Haryana. Ms. Sumedha Kataria, H.C.S. Additional Director Secretary Education, Haryana. *** In compliance of order dated 09.03.2015, Mr. T.C.Gupta, Principal Secretary, School Education Department, Haryana, has put in appearance and through Mr. Ravi Pratap Singh, AAG, Haryana, filed a status report dated 16.03.2015, in the Court today and the same is taken on record. Mr. Gupta, has rendered assistance to this Court with regard to the effective steps taken, after passing of the judgment in CWP No.6090 of 2010 titled as Tilak Raj vs. The State of Haryana and others. Before adverting to the status report filed in the Court today, this Court in previous order dated 09.03.2015, had called upon the State to give the explanation on following five points:i) SAVITA DEVI KADIAN 2015.03.24 11:35 I attest to the accuracy and authenticity of this document High Court Chandigarh No date of the order of the High Court vide CWP No.2968 of 2015 (O&M) -2- which writ petition bearing No.12938 of 2014 was disposed of has been mentioned. ii) No explanation has come forth with regard to the steps have taken in December, 2014, when already recommendations were made in August, 2014. iii) No explanation has come forth to explain the termination of the remaining guest teachers out of total number of 719 guest faculty teachers. iv) No details qua the guest faculty teachers, total number 719 guest faculty teachers have been engaged in violation of departmental policy/instructions i.e. 719-518. v) No explanation has come forth what steps have been taken to fill up the regular posts of JBT/PRT and drawing teachers and as well as C&V teachers. As regards the aforementioned points, the following explanation has been given:(i) It has been explained that CWP No.12938 of 2014 titled as Maha Singh Buhrania vs. State of Haryana and others, had been filing on apprehension that in pursuance to the advertisement issued, the selection process has been completed by the Haryana School Teachers Selection Board but, however, before issuing appointment letters, necessary verification were not being carried out by the State. The aforementioned writ petition SAVITA DEVI KADIAN 2015.03.24 11:35 I attest to the accuracy and authenticity of this document High Court Chandigarh CWP No.2968 of 2015 (O&M) -3- was disposed of by Hon'ble Division Bench of this Court vide order dated 6.8.2014, after noticing the contention of learned counsel for the State that before issuing appointment letters to the selected candidates, the credential/technical verifications of each of the candidate would be made. ii) As regards direction No.(ii), it has been stated in the status report filed in the Court today, that a CWP No.346 of 2013 titled as Antim Kumari vs. State of Haryana and others, along with other writ petitions had been filed to consider petitioner (therein) eligible to the post of Primary Teachers (PRTs) on the basis they attained the qualification of Central Teachers Eligible Test (CTET) and Haryana Teacher Eligibility Test (HTET) conducted in the State of Haryana till 28.04.2013 and vide order dated 23.10.2013, as an interim measure, they have been directed to be interviewed provisionally and the writ petition is pending for 20.04.2015. Hon'ble Division Bench of this Court has framed the question for consideration, which are extracted herein below:“[i] whether the candidates who have qualified JBT/ETT after 30.07.2011 and were in possession of all other eligibility conditions as on the cut-off date mentioned in the advertisement except the certificate of STET, which SAVITA DEVI KADIAN 2015.03.24 11:35 I attest to the accuracy and authenticity of this document High Court Chandigarh CWP No.2968 of 2015 (O&M) -4- they could not obtain as no examination was held after they acquired the minimum eligibility, can be deprived of their right to compete? [ii] Whether the candidates who have qualified CTET during the year 2012 when no STET was held, are entitled to claim eligibility for the advertised posts in terms of guidelines issued by NCTE? [iii] What would be the fate of candidates who acquired JBT/ETT diploma after 30.07.2011, i.e., the date of advertisement to appear for the STET and who have qualified such tests in the very first opportunity given to them on 26.06.2013 vide the advertisement dated 28.04.2013?” The issue in the aforementioned writ petition is pertaining to the appointment of JBT/PRT teachers. Mr. T.C. Gupta, Principal Secretary has explained the moment, the writ petition is decided in either way, further process for appointment of JBT by drawing fresh merit list would be undertaken as early as possible. iii) and iv) It has been mentioned that vide order dated 09.01.2015 and 09.02.2015, services of 518 guest faculty teachers has been dispensed with and remaining 200 are continuing since their appointment had been found to be based on genuine documents & they fulfilled requisite qualification. SAVITA DEVI KADIAN 2015.03.24 11:35 I attest to the accuracy and authenticity of this document High Court Chandigarh CWP No.2968 of 2015 (O&M) v) -5- It has been informed that appointment of Trained Graduate Teachers (TGT), the department on 11.03.2015 has sent a proposal to the State Government to dispense with the services of 4073 guest faculty teachers who are stated to be surplus. However, no process has been initiated for appointing regular teachers and the explanation is given is that in February, 2015, the Government has relaxed the age in Government service from 40 to 42 years and therefore, entire process has to be started afresh and the same is position with regard to appointment of PGT Teachers, though the process had already been initiated for appointment of 10114 candidates who have been issued appointment letters and the appointment of 1222 candidates have been withheld due to various reasons i.e. pending verification of documents regarding the qualification, experience etc. against requisition of 14216 candidates. It has been further pointed out in the previous status report dated 8.3.2015 that department vide letter dated 20.4.2012 had sent fresh requisition of 7036 posts of various categories of PGT Teachers for direct quota but, in view of the circular issued by the Chief Secretary to Government Haryana, entire process has to be initiated afresh. SAVITA DEVI KADIAN 2015.03.24 11:35 I attest to the accuracy and authenticity of this document High Court Chandigarh CWP No.2968 of 2015 (O&M) -6- Mr. Gupta, has assured this Court that process qua appointment of 7078 PGT & TGT teachers would be initiated within a period of one week from today. The controversy for appointment of JBT/PRT has been kept in abeyance in view of pendency of CWP No.346 of 2013 and other connected cases for 20.04.2015. It has been brought to the notice of this Court that State has specifically taken stand that w.e.f.1.4.2012, no fresh appointment of guest faculty teacher would be made and has been made. Since the Principal Secretary has assured this Court that process with regard to appointment of PGT and TGT teachers, requisition shall be sent within a period of one week from today, his presence in the Court is dispensed with, at this stage. Adjourned to 25.03.2015. To be shown in the urgent list. (AMIT RAWAL) JUDGE March 18, 2015 savita SAVITA DEVI KADIAN 2015.03.24 11:35 I attest to the accuracy and authenticity of this document High Court Chandigarh