current jbt recruitment and jbt current diploma holder- Ishwar

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Ishwar Singh


वर्त्तमान जेबीटी भर्ती की ट्रेन में
सवार होने की कोशिश कर रहे उन
जेबीटी डिप्लोमाधारको/
उम्मीदवारों की कोशिश असफल हो गई
है जिनका जेबीटी डिप्लोमा का रिजल्ट
जनवरी 2013 में घोषित हुआ था। उम्मीद
है कि अब और कोई इस ट्रेन में सवार
होने की कोशिश नहीं करेगा और ट्रेन
15-25 फरवरी के बीच अपनी मंजिल/
स्टेशन पर पहुँच जायेगी। हाईकोर्ट
का 17 जनवरी का निर्णय पढ़े--
AUGUSTINE GEORGE MASIH, J.
(ORAL)
Petitioners have approached this
Court, praying for quashing
the advertisement dated 08.11.2012
(Annexure P-5), which requires
qualification of Diploma in
Elementary Teachers Training
Course prior to the cut off date as
an eligibility condition for a
candidate to apply for the post of
Primary Teacher.
It is the contention of the counsel
for the petitioners that some
of the petitioners had taken
admission in D.Ed. Course for the
Sessions 2009-11 and 2010-12 from
the J&K State Board of School
Education. Unfortunately for the
petitioners, the results of these
courses were declared in January,
2013. Petitioners, although have
passed their HTET Examination in
the year 2011, but have been
rendered ineligible because of late
declaration of the result, for which
the petitioners cannot be held
responsible and cannot be penalised
for the same. His further
contention is that the candidates,
who had passed HTET Test in the
year 2013, have also been
provisionally interviewed by the
Haryana School Teachers Selection
Board-respondent No.3 and,
therefore, if such a relaxation has
been granted to the HTET
candidates for the selection, why
should such a benefit be not
granted to the petitioners, whose
result has been declared in
January, 2013. He, therefore, prays
that the condition as imposed in
the advertisement dated 08.11.2012
deserves to be quashed.
I have considered the submissions
made by the counsel for the
petitioners and with his assistance
have gone through the records of
the case. For making appointment
to any post, there has to be certain
minimum required qualifications.
In the present case, the
qualifications have been provided
under the statutory rules. The
said conditions, thus, cannot be
waived. As regards the cut off
date for eligibility of a candidate,
the same is also required to be
prescribed so that there is finality
to a process of selection and,
therefore, fixing of cut off date
for receipt of the applications, i.e.,
08.12.2012 by the respondents
cannot be said to be arbitrary.
Unfortunately for the petitioners,
the result of the qualification, i.e.,
D.Ed. was declared on 08.01.2013,
which is after the last date of
receipt of applications. The
petitioners are, thus, ineligible for
consideration for appointment to
the post of Primary Teacher.
The next contention as has been
raised by the counsel for the
petitioners that the candidates,
who have cleared their HTET test
in 2013, have been allowed to
participate in the selection process
by the respondents, although the
condition of passing the HTET test
was also incorporated in the
advertisement, which was
08.11.2012 and the last date being
08.12.2012, the same benefit be
extended to the petitioners, this
plea of the counsel for the
petitioners also cannot be accepted
in the light of the fact that such an
action taken by the respondents is
in pursuance to an order
passed by the Division Bench of
this Court, where keeping in view
the fact that HTET test in 2012 was
not held, the Division Bench, on
provisional basis, permitted the
candidates, who had passed the
HTET test held in the year 2013 to
participate in the interview. This
action taken by the respondents is
not on their own but as per the
directions issued by this Court.
There being no merit in the
present writ petition, the same
stands dismissed.
( AUGUSTINE GEORGE MASIH )
JUDGE
January 17, 2014