VICTOR KUMAR Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2016-7-129
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 08,2016

VICTOR KUMAR Appellant
VERSUS
State Of Haryana And Others Respondents


Referred Judgements :-

BHUPINDERPAL SINGH VS. STATE OF PUNJAB [REFERRED TO]


JUDGEMENT

TEJINDER SINGH DHINDSA,J. - (1.)The petitioner has questioned the action of the Haryana School Teachers Selection Board in not having considered his candidature for the post of PGT (Punjabi) against the Scheduled Caste/Physically Handicapped Category. Further prayer is for the issuance of a writ of mandamus directing the respondents to consider the petitioner as eligible and to appoint him to the post of PGT Punjabi against such Scheduled Caste/ Physically Handicapped Category.
(2.)Learned counsel appearing for the petitioner has submitted that the respondent-Board issued an advertisement bearing No.1/2012 dated 7.6.2012 inviting applications for recruitment to various posts of PGT-HES- II (Group-B Services) in the Education Department, Haryana. Under Category No.9, 502 posts of PGT Punjabi were advertised. Case made out on behalf of the petitioner is that he had applied for the post of PGT Punjabi, Category No. 9 in the Scheduled Caste/Physically Handicapped (Locomotor disability) Category being fully eligible in terms of the qualifications and eligibility criteria stipulated in the advertisement and the application had been submitted well in time. It has been submitted that even an interview letter dated 16.7.2012 had been issued to the petitioner calling upon him to appear for verification/scrutiny of documents on 1.10.2012. Grievance, in a nut-shell, put forth is that in spite of possessing more than four years teaching experience i.e. from 1.7.2006 to 31.7.2007 and from 7.8.2008 to 31.5.2012 to claim a one-time exemption from qualifying the HTET/STET examination, his candidature was rejected orally by raising an objection that he does not possess the requisite experience certificate. Learned counsel argues that the objection with regard to experience had been raised in spite of the experience certificate dated 18.6.2012 being duly countersigned by the District Education Officer as well as the Director, Secondary Education Haryana.
(3.)Upon notice of motion having been issued, a short reply of the Secretary (Legal) Haryana Staff Selection Commission has been filed and placed on record. It has been averred that the Haryana School Teachers Selection Board has since been disbanded vide notification dated 3.12.2014 and all proceedings pending before the erstwhile Board have now been transferred to Haryana Staff Selection Commission, Panchkula.


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