Dismissed

Sushila v. Haryana Public Service Commisison

Punjab & Haryana HC5 Oct 2011CWP/19011/2011

Case brief

AI extract

What is this about?

Petitioner sought direction to be interviewed for College Lecturer post in Maths, claiming exemption from new NET qualifying criteria applicable to new entrants as she was previously a serving teacher under old rules. Court held exemption does not apply to applicants seeking fresh appointments.

What did the court decide?

Petition dismissed as petitioner is seeking fresh appointment, thus not entitled to exemption from NET criteria granted to existing servants.

Sushila Vs Haryana Public Service Commisison — Service and Employment | Punjab & Haryana HC (2011)

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C.W.P. No.19011 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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C.W.P. No.19011 of 2011

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Date of Decision: 05.10.2011

Sushila

....Petitioner

Versus

Haryana Public Service Commission

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...Respondent

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CORAM : Hon'ble Ms. Justice Nirmaljit Kaur

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Present:Mr. Y.P. Malik, Advocate for the petitioner.

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Whether Reporters of Local Newspapers may be allowed to see the judgment ?

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To be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest ?

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NIRMALJIT KAUR, J. (ORAL)

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The prayer of the petitioner in the present petition is for issuance of direction to the respondent to interview the petitioner for the post of College Lecturer in Maths, holding her eligible for the said post as she is serving as Lecturer Maths, on regular basis, to which she was appointed after the approval of the Kurukshetra University, Kurukshetra.

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Vide Circular letter dated 04.11.2009 (Annexure P-6), the Kurukshetra University, Kurukshetra revised qualifications for the post of Principal and Lecturers in the Colleges of Education. One of the qualification is that the candidate must possess a certificate of passing NET.

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It is contended by learned counsel for the petitioner that the said eligibility criteria is not applicable to the petitioner in view of the fact that the said condition did not apply to the approved teachers who are

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C.W.P. No.19011 of 2011

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already in service. Since the petitioner was already serving in Maths in Arya Kanya Mahavidyalaya, Mor-Majra Karnal, which is affiliated to Kurukshetra University, Kurukshetra, the said eligibility criteria “passing the NET' is not applicable to her.

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It is an admitted position that the petitioner is seeking fresh appointment. Thus, the argument of learned counsel for the petitioner has no merit in view of the fact that the petitioner is seeking a fresh appointment. A perusal of the instructions dated 04.11.2009 relied upon by the learned counsel for the petitioner that the condition of Ph.D/NET shall not be insisted upon for approved teachers who are already in service would be applicable to the candidates who are already in service and cannot be held to apply to those who want to leave the post held by them and are seeking fresh appointment in another institution.

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No other argument was raised.

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Accordingly, the present petition is dismissed being devoid of

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merit.

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05.10.2011 gurpreet

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(NIRMALJIT KAUR) JUDGE

Sushila v. Haryana Public Service Commisison

Case brief

What is this about?

What did the court decide?

Sushila v. Haryana Public Service Commisison

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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