LI Network
Published on: October 3, 2023 at 10:54 IST
The Punjab & Haryana High Court has issued a temporary injunction against Haryana, preventing the conducting of the Subject Knowledge Test for the appointment of Post Graduate Teacher (Computer Science).
A division bench comprising Justice Deepak Sibal and Justice Sukhvinder Kaur highlighted that the State had officially approached the National Council for Teacher Education (NCTE) to seek relaxation in the minimum qualifications set forth in its Rules, which were also mentioned in the relevant advertisement.
“The State acknowledges that the minimum qualifications prescribed in its Rules and the consequent advertisement are at variance with the minimum qualifications prescribed by the Council and that to go ahead with the selections, it needs the Council’s nod.”
These observations were made during the hearing of a plea challenging the academic qualifications outlined in the Haryana State Education School Cadre (Group-B) Service Rules, 2012 for the appointment of Post Graduate Teacher (Computer Science).
The issue revolved around the discrepancy between the qualifications specified in the Haryana State Education School Cadre (Group-B) Service Rules and the requirements established by NCTE in New Delhi.
The petitioners argued that NCTE mandates a minimum qualification of a Post Graduate degree with at least 50% marks in the relevant subject and a Bachelor of Education from a Council-recognized institution for individuals aspiring to become Post Graduate Teachers (Computer Science).
However, the Haryana state Rules diverge from these national standards, stating that candidates must possess an M.Sc. in Computer Science (Regular two-year course), a Master in Computer Application (Regular three-year course), or a B.E./B. Tech in Computer Science/Computer Engineering/IT (Regular course) with an aggregate of 55% marks from a recognized university.
The petitioners drew attention to a recent Supreme Court judgment in Devesh Sharma Vs. Union of India & Ors, which emphasized the importance of aligning state-level educational qualifications with national standards, especially concerning teacher recruitment.
The State admitted to the factual disparities and confirmed that it had initiated communication with the NCTE, following the guidelines provided by the Council. In a letter dated 12.09.2023, the State formally requested relaxation from the NCTE, seeking permission to proceed with the selection process without making a B.Ed with Post Graduation in Computer Science a mandatory qualification. However, as of now, there has been no response from the NCTE.
The court issued an interim order restraining the State from conducting the Subject Knowledge Test for Post Graduate Teacher (Computer Science) appointments until the adjourned date, which is scheduled for 16.10.2023. During this interim period, the NCTE is expected to make a decision regarding the State’s request for qualification relaxation.
Before the adjourned date, the petitioners are required to include the National Council for Teacher Education (NCTE), New Delhi, as a party to the legal proceedings. Furthermore, the court has instructed that a copy of the order be served upon the Additional Solicitor General of India for compliance.
In attendance during the proceedings were Petitioner No. 1 Rajesh Kumar and Petitioner No. 3 Vikas Malik in person, along with Mukesh Ahuja, Secretary, Haryana Public Service Commission, and Anshaj Singh, Director, School Education, Haryana. Gautam Narula, Deputy District Attorney, Haryana Public Service Commission, also participated.
Case Title: Rajesh Kumar & Ors. v. State Of Haryana & Ors.