मेवात के लिए 544 उर्दू जेबीटी पदों हेतु विज्ञापन दिनांक 03-03-2012 के तहत वर्ष 2012 में हुई जेबीटी शिक्षकों की भर्ती रद्द करने का हाईकोर्ट का फैसला--
CWP No.17438 of 2012
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of decision: 12.05.2016
1. CWP No.17438 of 2012 (O&M)
Ombir and others
...Petitioners
versus
State of Haryana and others
...Respondents
2. CWP No.19379 of 2014 (O&M)
Sneh Lata
...Petitioner
versus
State of Haryana and others
...Respondents
3. CWP No.17518 of 2012 (O&M)
Manju Kumari and others
...Petitioners
versus
The State of Haryana and another
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU
BAHRI
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
CWP No.17438 of 2012
Present: Ms. Anu Chatrath, Senior
Advocate,
with Mr. Rakesh
Sobti, Advocate,
for the
petitioners (in CWP Nos.17438
of 2012 & 19379 of 2014.
Mr. R.S. Hooda, Advocate,
for
the petitioners (in CWP No
17518 of 2012).
Mr. Rajesh Gaur, Addl. A.G.,
Haryana.
****
RITU BAHRI , J.
This order will dispose of CWP Nos.17438 of 2012, 19379 of
2014 and 17518 of 2012 together as common questions of law and facts are
involved in all the petitions. For reference, facts are taken from CWP
No.17438 of 2012.
The petitioners are seeking quashing of the action of respondents
in not preparing the select list as per rules.
Pursuant to the advertisement dated 03.03.2012 (Annexure P-2),applications for 544 posts of JBT Teachers (Urdu) for District Mewat were
invited. The petitioners, who are permanent residents of State of Haryana,
applied for the said posts as they were duly qualified. Necessary
qualification for the above said posts, as per Haryana Primary Education
(Group C) District Cadre Service Rules, 1994, as amended vide Haryana
Primary Education (Group C) District Cadre Service (Amendment) Rules,
2003.
Thereafter, the State of Haryana further amended the above said
rules vide notification dated 24.07.2008, called the Haryana Primary
Education (Group C) District Cadre Service (Amendment) Rules, 2008. In
Appendix B, against serial number 2, under column 3, for entry (iii), it has
been substituted as under:-
“(iii) Matric with Hind/Sanskrit;
(iv) Certificate of having qualified School Teacher's
Eligibility Test (STET).”
As per advertisement (Annexure P-2), essential qualification for
the post of JBT (Urdu) was as under:-
“Educational Qualification:
Junior Basic Trained Teacher
1. The candidate should have passed the eligibility test. Those
candidates who have passed 10+2 and Junior Basic Training
(D.Ed. Urdu) from Haryana Education Department or its
equivalent, the certificate/diploma issued by the recognized
State Board/University of any other State will only be
acceptable.
2. The candidate should have special training alongwith
psychology and behaviour of the student upto the age of 12
years during the 2 year Junior Basic Course or Diploma in
Education Training course conducted by the Haryana
Education Department or its equivalent.
3. Knowledge of Urdu upto Matric standard. The
diploma/certificate issued by State Board or University
other than the State of Haryana in Vocational Training, will
only aceptable if the same has been recognized by the State
of Haryana.”
After amendment of the rules in 2008, matric with
Hindi/Sanskrit and Certificate of having qualified School Teacher's
Eligibility Test (STET) were essentially required. Pursuant to the
advertisement (Annexure P-2), all the petitioners having possessed the above
said qualification, submitted their applications. Application forms of some of
the candidates, who had not cleared the HTET/STET from the State of
Haryana, were rejected. Faced with the situation, they filed CWP No.7552 of
2012 (Man Mohan and another Vs. State of Haryana and others). The said petition was disposed of by this Court vide order dated 18.07.2012
(Annexure P-4) in view of the clarification issued by the Financial
Commissioner & Principal Secretary, Department of School Education,
Haryana dated 10.05.2012 (Annexure P-5), considering the candidates who
have passed the Teachers Eligibility Test (CTET) from the Central Board of
Secondary Education, eligible for the post of JBT Teacher (Urdu).
As per advertisement (Annexure P-2), out of 544 posts, 251
posts were kept for General category, 107 for SC, 86 for BCA, 59 for BCB,
16 for PHC, 19 for ESM (Gen.). As per result, which was declared on
17.08.2012, only 73 candidates against total 544 posts JBT (Urdu) Teachers
were shown to be selected.
Grievance of the petitioners is that against total 544 posts, only
261 candidates had applied and 233 persons were called for interview and
out of them, only 73 candidates had been selected.
Upon notice, written statement on behalf of respondent Nos. 1, 2
and 3 has been filed, wherein it has been stated that a special recruitment of
JBT Teacher (Urdu) for District Mewat was conducted as Urdu is the mother
tongue of the majority of people residing there. All the candidates, who had
passed JBT (Diploma in Education, Urdu)) from Haryana Education
Department or its equivalent were eligible for the post of JBT (Urdu). The
respondents are not disputing that the candidates, who had cleared the
Central Teacher Eligibility Test (CTET) would be considered eligible as per
clarification given by the Financial Commissioner & Principal Secretary,
Department of School Education, Haryana dated 10.05.2012 (Annexure P-5).
A Selection Committee was constituted to select the eligible candidates. The
Selection Committee found that the petitioners could not read and write urdu correctly and properly. Hence, they were not suitable for the post of JBT
(Urdu). Despite the fact that the petitioners had got certificates of having
studied Urdu at matric or higher level, they could not read and write Urdu
properly, hence, the Selection Committee found them not suitable to the post
of JBT Teacher (Urdu).
In the replication, the petitioners have given the details of the
information received under the Right to Information Act, 2005 (RTI) giving
details of the marks obtained by the selected as well as by the unselected
candidates in the interview as well as in their written test/dictation.
Vide order dated 16.09.2014, the respondents were directed to
produce in Court the attempted/dictation sheets that had been made by the
selected candidates as also non-selected candidates as regards testing of their
Urdu at the time of interview/viva-voce.
Relevant record has been produced in Court today. A perusal of
the same shows that with respect to the selected candidates at serial Nos. 14,
15 and 17, their answer sheets on the third page were blank and on the
reverse page, they have attempted the dictation. In this background, the
information given under the RTI Act with respect to three candidates was not
correct. After going through the result of the unselected candidates, it is
apparent that all the candidates have been given 'zero' mark in the interview,
even though they have attempted the dictation. A perusal of the result of the
unselected persons shows that candidate at Serial No.9-Mohd. Jber was given
dictation of 15 words and he had rightly attempted all the words, however, he
has been given 'zero' mark in the interview. Even in the case of candidate at
Serial No.1, namely Neeru Verma, out of 15 words, she had rightly attempted
14 words. She was also given 'zero' mark in the interview. Similarly, there are instances of so many candidates, where more than 80% attempted words
are right, but they have consistently been given 'zero' marks. On the other
hand, in the case of selected candidates, only 1 word has been rightly
attempted by the candidate mentioned at Serial No.1, namely Ali Sher, but he
has been given 12 marks.
After going through the original record, the stand taken by the
respondents in the written statement that the petitioners were not fund
suitable for the post of JBT (Urdu) Teachers at the time of interview and
viva-voce as they could not read and write Urdu properly, is liable to be
rejected outrightly.
In spite of having 554 posts, only 233 persons had participated
in the selection process and only 73 candidates were shown to be selected
and 160 were found to be unsuitable initially. Two more candidates were
selected in the 2nd instance. The Selection Committee has rejected all the
candidates, who had acquired more than 80% marks in the dictation of Urdu
words. A perusal of the marks given to the selected and unselected
candidates shows that the selection process was not fair at all, as even the
suitable candidates have not been selected who have got adequate marks in
dictation of Urdu words. All the unselected candidates have been given
'zero' mark in interview. The selection process from the stage of interview
requires to be carried out again.
Resultantly, all these petitions i.e. CWP Nos.17438 of 2012,
19379 of 2014 and 17518 of 2012 are allowed; the impugned selection
process is set aside and a direction is given to the respondents to restart the
selection process from the stage of interview by constituting a fresh Selection
Committee. The selection process will be monitored by the Director Primary Education, Haryana. A subject expert be included in the Selection Committee. However, Mr. Nasrudin Azhar, Associate Professor, Department
of Urdu, YMD College, Nuh (Mewat) will not be associated in the selection
process again. The selection process be initiated within a period of two
weeks from the date of receipt of certified copy of this order.
(RITU BAHRI)
JUDGE
12.05.2016
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