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अतिथि अध्यापकों के मामले में 9 मार्च को हाईकोर्ट द्वारा पारित अंतरिम आदेश--
Seema Devi vs. State of Haryana and others
Present: Mr. Jasbir Mor, Advocate for the petitioner.
Mr. Ravi Pratap Singh, AAG, Haryana.
Mr. Girish Agnihotri, Senior Advocate with
Mr. Vijay Pal, Advocate for intervener.
* * *
In pursuance of order dated 04.03.2015, the State was directed to apprise the Court by submitting a Status report as to what steps have been taken in view of the directions contained in the order dated 31.03.2011 passed in CWP No.6090 of 2010, titled as Tilak Raj vs. State of Haryana and others.
Today, the State has filed a status report of Additional Director (Admn.), office of Director Secondary Education Haryana, Panchkula, wherein it has been stated that the Department sent the requisition of 9870 posts of Primary Teachers (PTRs) to the Haryana Teachers Selection Board (HSTSB) Panchkula vide letter dated 26.06.2012 and the Board sent the recommendations of 9455 posts to the Department vide letter dated 20.08.2014. In the meantime,
CWP No.12938 of 2014 titled as Maha Singh Bhurania vs. State of Haryana was filed by un-selected candidates to challenge the aforementioned selection. The said writ petition is stated to have been disposed of vide order dated 06.08.2014, whereby the Board has been directed to declare the result of Primary Teachers only after verifying antecedents of each of the candidates and after making scientific verification as available.
It has been further mentioned that on 29.12.2014, two Committees have started functioning for scientific verification of thumb impressions as well as signatures of 10218 candidates (i.e.9455 newly selected Primary Teachers (PRTs) and 763 candidates of waiting list) and this process would take one year. It has also been
pointed out that 719 guest faculty teachers were alleged to have been engaged in violation of departmental policy/instructions and 193 guest teachers, even did not have the requisite educational qualifications and their services in the year 2012 were terminated by passing speaking orders and the Hon'ble Supreme Court in the SLPs, vide orders dated 19.10.2012, 16.01.2013 and 08.04.2013,
ordered that the services of these guest faculty teachers may not be
dispensed with till some newly recruited regular teachers do not join in their place. Three committees were constituted to examine the cases of 719 guest teachers and the report of these committees was received in January, 2015 and as per the report of the Committees from remaining 526 (719-193) guest faculty teachers 326 have also been found to be engaged in violation of the departmental instructions/policy and the Department vide memo dated 09.02.2015 issued termination orders of 325 guest faculty teachers. Thus,
in total, the Department has terminated the services of 518 guest faculty teachers.
As regards the case of the petitioner, it has been stated that she was engaged as Hindi Teacher on 24.12.2005 and the petitioner is only having the qualification of B.A with Hindi as compulsory subject and B.Ed, whereas, as per the provisions of Service Rules, the essential Educational Qualifications for the post of Hindi Teacher is B.A with Hindi as an Elective Subject with B.T./B.Ed
with Hindi Teaching subject. Mr. Jasbir Mor, learned counsel appearing on behalf of the petitioner submits that petitioner has qualifications Prabhakar,
B.A. B.Ed and M.A (Hindi) and as per order dated 15.03.2011 (Annexure P-12), the persons having qualifications Prabhakar/B.A (Hon.) in Hindi from a recognized university have been held to be entitled/have qualifications for appointment as Hindi Teachers.
Be that as it may, the fact remains that status report is not clear and ambiguous and in my opinion lacks on the following points:-
[4:52pm, 3/10/2015] +91 80597 75125: i) No date of the order of the High Court vide 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.
Present: Mr. Jasbir Mor, Advocate for the petitioner.
Mr. Ravi Pratap Singh, AAG, Haryana.
Mr. Girish Agnihotri, Senior Advocate with
Mr. Vijay Pal, Advocate for intervener.
* * *
In pursuance of order dated 04.03.2015, the State was directed to apprise the Court by submitting a Status report as to what steps have been taken in view of the directions contained in the order dated 31.03.2011 passed in CWP No.6090 of 2010, titled as Tilak Raj vs. State of Haryana and others.
Today, the State has filed a status report of Additional Director (Admn.), office of Director Secondary Education Haryana, Panchkula, wherein it has been stated that the Department sent the requisition of 9870 posts of Primary Teachers (PTRs) to the Haryana Teachers Selection Board (HSTSB) Panchkula vide letter dated 26.06.2012 and the Board sent the recommendations of 9455 posts to the Department vide letter dated 20.08.2014. In the meantime,
CWP No.12938 of 2014 titled as Maha Singh Bhurania vs. State of Haryana was filed by un-selected candidates to challenge the aforementioned selection. The said writ petition is stated to have been disposed of vide order dated 06.08.2014, whereby the Board has been directed to declare the result of Primary Teachers only after verifying antecedents of each of the candidates and after making scientific verification as available.
It has been further mentioned that on 29.12.2014, two Committees have started functioning for scientific verification of thumb impressions as well as signatures of 10218 candidates (i.e.9455 newly selected Primary Teachers (PRTs) and 763 candidates of waiting list) and this process would take one year. It has also been
pointed out that 719 guest faculty teachers were alleged to have been engaged in violation of departmental policy/instructions and 193 guest teachers, even did not have the requisite educational qualifications and their services in the year 2012 were terminated by passing speaking orders and the Hon'ble Supreme Court in the SLPs, vide orders dated 19.10.2012, 16.01.2013 and 08.04.2013,
ordered that the services of these guest faculty teachers may not be
dispensed with till some newly recruited regular teachers do not join in their place. Three committees were constituted to examine the cases of 719 guest teachers and the report of these committees was received in January, 2015 and as per the report of the Committees from remaining 526 (719-193) guest faculty teachers 326 have also been found to be engaged in violation of the departmental instructions/policy and the Department vide memo dated 09.02.2015 issued termination orders of 325 guest faculty teachers. Thus,
in total, the Department has terminated the services of 518 guest faculty teachers.
As regards the case of the petitioner, it has been stated that she was engaged as Hindi Teacher on 24.12.2005 and the petitioner is only having the qualification of B.A with Hindi as compulsory subject and B.Ed, whereas, as per the provisions of Service Rules, the essential Educational Qualifications for the post of Hindi Teacher is B.A with Hindi as an Elective Subject with B.T./B.Ed
with Hindi Teaching subject. Mr. Jasbir Mor, learned counsel appearing on behalf of the petitioner submits that petitioner has qualifications Prabhakar,
B.A. B.Ed and M.A (Hindi) and as per order dated 15.03.2011 (Annexure P-12), the persons having qualifications Prabhakar/B.A (Hon.) in Hindi from a recognized university have been held to be entitled/have qualifications for appointment as Hindi Teachers.
Be that as it may, the fact remains that status report is not clear and ambiguous and in my opinion lacks on the following points:-
[4:52pm, 3/10/2015] +91 80597 75125: i) No date of the order of the High Court vide 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.
It has been stated that the department had sent requisition of 14216 posts of Post Graduate Teachers (PGTs) to the Haryana Teachers Selection Board (HSTSB), Panchkula, vide memo dated 28.04.2012 for recruitment and against these posts, the Board recommended the names of 11336 candidates and out of which 10114 candidates have been issued appointment letters and the
appointment of 1222 candidates has been withheld due to certain reasons i.e. pending verification of documents relating to qualifications and experience/Deemed Universities etc, but no details qua guest faculty teachers against the aforementioned posts have been given. Since already two other Forensic Science Laboratories, one in Gurgaon and other in Sunarian (Rohtak) have been set up and therefore, the reasoning of assuming' one year in ascertaining the genuineness is unreasonable.
appointment of 1222 candidates has been withheld due to certain reasons i.e. pending verification of documents relating to qualifications and experience/Deemed Universities etc, but no details qua guest faculty teachers against the aforementioned posts have been given. Since already two other Forensic Science Laboratories, one in Gurgaon and other in Sunarian (Rohtak) have been set up and therefore, the reasoning of assuming' one year in ascertaining the genuineness is unreasonable.
In the interest of justice, hearing of the writ petition is deferred to 18.03.2015.
The Additional Chief Secretary, Department of Education, Haryana, is directed to be present in the Court on the date fixed to explain the aforesaid shortcomings and vagueness in the status report.
A photocopy of this order be given to the learned State counsel under the signatures of the Reader of this Court.
(AMIT RAWAL)
JUDGE
March 09, 2015
The Additional Chief Secretary, Department of Education, Haryana, is directed to be present in the Court on the date fixed to explain the aforesaid shortcomings and vagueness in the status report.
A photocopy of this order be given to the learned State counsel under the signatures of the Reader of this Court.
(AMIT RAWAL)
JUDGE
March 09, 2015
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