CWP-24975-2018 IN THE HIGH COURT OF PUNJAB AND HARYANA 210 MAHABIR SINGH STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR Present: Mr. Ashok Bhardwaj, Advocate for the petitioner. Dr. Neha Awasthi, Additional Advocate General, Haryana. TRIBHUVAN DAHIYA The petition has been file mandamus directing the respondents to treat the petitioner eligible for the of Post Graduate Teacher of Ex-serviceman (DESM) record. 2. Facts of the case in brief are advertisement for 424 posts of category. The subject to eligibility down in the advertisement Eligibility: 2018 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Decided On: MAHABIR SINGH Versus STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Ashok Bhardwaj, Advocate for the petitioner. Dr. Neha Awasthi, Additional Advocate General, Haryana. TRIBHUVAN DAHIYA J.(Oral) The petition has been filed, inter alia directing the respondents to treat the petitioner eligible for the of Post Graduate Teacher (PGT) Political Science serviceman (DESM) category on the ground of Facts of the case in brief are advertisement 04/2015, dated 28.06.2015, Annexure P posts of PGT Political Science, of which 21 he petitioner could have been considered eligibility. The essential qualifications/eligibility for the posts laid the advertisement are as follows: Eligibility:- (a) Matric with Hindi/Sanskrit or 1 Hindi as one of the subject. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-24975-2018 Decided On: 26.08.2025 ....PETITIONER(s) ....RESPONDENT(s) . JUSTICE TRIBHUVAN DAHIYA Dr. Neha Awasthi, Additional Advocate General, Haryana. inter alia, seeking a writ of directing the respondents to treat the petitioner eligible for the post ) Political Science under General Dependant on the ground of having good academic Facts of the case in brief are, the respondents issued an , Annexure P-1, inviting applications , of which 21 were reserved for ESM petitioner could have been considered against one such post The essential qualifications/eligibility for the posts laid Matric with Hindi/Sanskrit or 10+2/B.A./M.A. with Hindi as one of the subject. , seeking a writ of post General Dependant good academic the respondents issued an s for ESM against one such post The essential qualifications/eligibility for the posts laid +2/B.A./M.A. with Aman Dua 2025.09.02 18:24 I attest to the accuracy and authenticity of this judicial document CWP-24975-2018 Note 2 out of the lower qualification i.e. Matric/10+2/Graduation than requisite minimum marks in two lower exams and 45% marks in third lower exam. If there are only two lower exams, than one must secure at least 50% marks in one exam and 45% marks in another. 2.1. Final result of selection was declared on affidavit filed by Secretary of the Commission the ESM category due to non-availability considered for the pos following grounds 4. record as per aforesaid substituted provision and the answering respondent is merely a recrui recruitment process strictly as per the substituted provision in service rules of Education Department, Haryana. The marks obtained by the petitioner are as following: Sr. No. 1. 2018 -2- (b) Certificate of having qualified Haryana Teacher Eligibility Test (HTET)/School Teachers Eligibility Test (STET) of respective subject for the post applied, conducted by Board of School Education Haryana, Bhiwani. Note- The candidates those who are having/passed HTET till the date of interview after advertisement will be allowed for interview on the basis of acquiring HTET (Test) till the date of interview. (c) Consistent good academic record (See Note xxx xxx xxx Note 2. Consistent Good Academic Record out of the lower qualification i.e. Matric/10+2/Graduation than requisite minimum qualification, one must secure marks in two lower exams and 45% marks in third lower exam. If there are only two lower exams, than one must secure at least 50% marks in one exam and 45% marks in another. Final result of selection was declared on affidavit filed by Secretary of the Commission the ESM category against which the petitioner had applied availability of eligible candidates. The petitioner’s candidature was considered for the post, but he did not fulfill the eligibility conditions on the following grounds as mentioned in the affidavit 4. That the petitioner was not possessing good academic record as per aforesaid substituted provision and the answering respondent is merely a recruitment agency and carries out the recruitment process strictly as per the substituted provision in service rules of Education Department, Haryana. The marks obtained by the petitioner are as following: Sr. No. Qualifications Marks 1. Matric 281/600 Certificate of having qualified Haryana Teacher Eligibility Test (HTET)/School Teachers Eligibility (STET) of respective subject for the post applied, conducted by Board of School Education Haryana, The candidates those who are having/passed HTET till the date of interview after advertisement will be allowed for interview on the basis of acquiring HTET (Test) till the date of interview. Consistent good academic record (See Note-2) xxx Consistent Good Academic Record implying that out of the lower qualification i.e. Matric/10+2/Graduation than qualification, one must secure at least 50% marks in two lower exams and 45% marks in third lower exam. If there are only two lower exams, than one must secure at least 50% marks in one exam and 45% marks in another. Final result of selection was declared on 15.11.2018, and as per affidavit filed by Secretary of the Commission dated 06.01.2023, four posts in against which the petitioner had applied remained vacant of eligible candidates. The petitioner’s candidature was did not fulfill the eligibility conditions on the mentioned in the affidavit: That the petitioner was not possessing good academic record as per aforesaid substituted provision and the answering- tment agency and carries out the recruitment process strictly as per the substituted provision in service rules of Education Department, Haryana. The marks obtained by the petitioner are as following: Marks Percentage 281/600 46.83% Certificate of having qualified Haryana Teacher Eligibility Test (HTET)/School Teachers Eligibility (STET) of respective subject for the post applied, conducted by Board of School Education Haryana, The candidates those who are having/passed HTET till the date of interview after advertisement will be allowed for interview on the basis of acquiring HTET implying that out of the lower qualification i.e. Matric/10+2/Graduation than at least 50% marks in two lower exams and 45% marks in third lower exam. If there are only two lower exams, than one must secure at least , and as per in remained vacant of eligible candidates. The petitioner’s candidature was did not fulfill the eligibility conditions on the That the petitioner was not possessing good academic - tment agency and carries out the recruitment process strictly as per the substituted provision in service rules of Education Department, Haryana. The marks Aman Dua 2025.09.02 18:24 I attest to the accuracy and authenticity of this judicial document CWP-24975-2018 2. 3. 4. Also, petitioner has passed B.Ed. and 917/1000 2400 marks. So, he did not fulfil the eligibility condition as mentioned in the Advertisement for the post of PGT Political Science and was considered not eligible for the post in question. 3. In this f contends that academic record is not sustainable Haryana State Education School Cadre (Group B) Appendix-B, whereunder Academic qualifications recruitment (i) from (ii) as one of the subject; A (iii) Test (HTET)/School Teachers Eligibility Test (STET). (iv) Accordingly, the only requirement for the candidates Science with 50 from having Matric with Hindi/Sanskrit or 10+2/B.A./M.A. with Hindi as one of the subjects the light of these two exams, and as per the secure 50 per cent 2018 -3- 2. 10+2 184/500 3. Graduation 572/1200 4. Post Graduation 407/800 Also, petitioner has passed B.Ed. and 917/1000. Thus, the petitioner obtained 1260 marks out of 2400 marks i.e. 48.46% marks against the requirement of 50% marks. So, he did not fulfil the eligibility condition as mentioned in the Advertisement for the post of PGT Political Science and was considered not eligible for the post in question. In this factual background, learned counsel for the petitioner contends that the rejection of the petitioner’s candidature academic record is not sustainable. Note 2 is to be Haryana State Education School Cadre (Group B) whereunder the following qualifications Academic qualifications and experience, if any, recruitment on contract basis (PGT Political Science) (i) M. A. Political Science with at least 50% marks and B.Ed. from a recognised university, AND (ii) Matric with Hindi/Sanskrit or 10+2 as one of the subject; AND (iii) Certificate of having qualified Haryana Teacher Eligibility Test (HTET)/School Teachers Eligibility Test (STET). (iv) Consistent good academic record. the only requirement for the candidates 50 per cent marks and B.Ed. from from having Matric with Hindi/Sanskrit or 10+2/B.A./M.A. with Hindi as one s. Therefore, the good academic record light of these two exams, and as per the requirement per cent in one exam and 45 per cent 184/500 36.8% 572/1200 47.67% 407/800 50.87% Also, petitioner has passed B.Ed. and M.Ed. having 531/1000 . Thus, the petitioner obtained 1260 marks out of marks i.e. 48.46% marks against the requirement of 50% marks. So, he did not fulfil the eligibility condition as mentioned in the Advertisement for the post of PGT Political Science and was considered not eligible for the post in question. actual background, learned counsel for the petitioner petitioner’s candidature for want of good is to be read with Rule 7 of the Haryana State Education School Cadre (Group B) Service Rules, 2012 in the following qualifications have been prescribed: and experience, if any, for direct (PGT Political Science) Science with at least 50% marks and B.Ed. ND Matric with Hindi/Sanskrit or 10+2/B.A./M.A. with Hindi Certificate of having qualified Haryana Teacher Eligibility Test (HTET)/School Teachers Eligibility Test (STET). Consistent good academic record. the only requirement for the candidates is to have M.A. Political and B.Ed. from a recognised University, apart from having Matric with Hindi/Sanskrit or 10+2/B.A./M.A. with Hindi as one good academic record is required to be seen in requirement in the Note 2, he must per cent in another; the petitioner has /1000 . Thus, the petitioner obtained 1260 marks out of marks i.e. 48.46% marks against the requirement of 50% marks. So, he did not fulfil the eligibility condition as mentioned in the Advertisement for the post of PGT Political Science and actual background, learned counsel for the petitioner for want of good Rule 7 of the in for direct Science with at least 50% marks and B.Ed. with Hindi Certificate of having qualified Haryana Teacher Eligibility Political , apart from having Matric with Hindi/Sanskrit or 10+2/B.A./M.A. with Hindi as one seen in , he must the petitioner has Aman Dua 2025.09.02 18:24 I attest to the accuracy and authenticity of this judicial document CWP-24975-2018 secured more than 50 established by the M.A. final certificate dated 46.83 per cent 25.06.1992, Annexure P against the vacant post 4. Learned State counsel, however, contends that the candidature has been rightly rejected record as per Note 2 50 per cent marks in two lower exams and 45 The details have been given in the Commission, and accordingly, even in the face of posts remain has no right corrigendum, dated 01.09.2016 the candidates any three examinations, i.e., have atleast 50 5. Submissions made by learned counsel for the parties have been considered. 6. As per facts apparent on record matriculation with 46.83 with 47.67 per cent eligibility conditions in the advertisement, he was required to possess consistent good academic record ‘out of the lower qualification must secure at least 50 2018 -4- secured more than 50 per cent marks in M.A. established by the M.A. final certificate dated per cent in Matric as established by the Matriculation certificate dated 25.06.1992, Annexure P-3. Accordingly, he has a right to be considered against the vacant posts. Learned State counsel, however, contends that the ure has been rightly rejected as he did not possess good academic record as per Note 2 of the advertisement, which required marks in two lower exams and 45 The details have been given in the affidavit filed on behalf of the Commission, and accordingly, even in the face of posts remain has no right to consideration. She has also placed reliance upon a dated 01.09.2016, mentioned in the affidavit the candidates were required to possess 50 per cent any three examinations, i.e., 10th, 12th or Graduation 50 per cent marks in Post Graduation Submissions made by learned counsel for the parties have been As per facts apparent on record matriculation with 46.83 per cent marks, 10+2 per cent and Post Graduation with conditions in the advertisement, he was required to possess consistent good academic record in terms of Note 2 lower qualification, i.e., Matric/10+2/Graduation at least 50 per cent marks in two lower exams and 45 marks in M.A., i.e., 50.87 per cent as established by the M.A. final certificate dated 05.11.2004, Annexure P-6, and in Matric as established by the Matriculation certificate dated . Accordingly, he has a right to be considered Learned State counsel, however, contends that the petitioner’s did not possess good academic of the advertisement, which required him to have at least marks in two lower exams and 45 per cent in third lower exam. affidavit filed on behalf of the Commission, and accordingly, even in the face of posts remaining vacant, he She has also placed reliance upon a mentioned in the affidavit and contends that per cent marks on average basis in raduation, and the candidates must ion. Submissions made by learned counsel for the parties have been As per facts apparent on record, the petitioner has done marks, 10+2 with 36.8 per cent, Graduation raduation with 50.87 per cent marks. As per conditions in the advertisement, he was required to possess in terms of Note 2, which is to the effect that Matric/10+2/Graduation, a candidate marks in two lower exams and 45 per cent as and in Matric as established by the Matriculation certificate dated . Accordingly, he has a right to be considered petitioner’s did not possess good academic him to have at least exam. affidavit filed on behalf of the vacant, he She has also placed reliance upon a contends that in must Submissions made by learned counsel for the parties have been , the petitioner has done raduation marks. As per conditions in the advertisement, he was required to possess , which is to the effect that candidate per cent Aman Dua 2025.09.02 18:24 I attest to the accuracy and authenticity of this judicial document CWP-24975-2018 marks in third lower exam requirement. His reliance is upon the second part of the effect, ‘if there are only two lower exams, th cent marks in one exam and 45 reliance upon this lower exams, i.e., for him is to possess atleast 50 cent marks in Further, his reliance upon Rule 7 prescribing academic qualification no help, since the Rule does only mentions the qualifications. The criteria for good academic record has been laid down Accordingly, referring to the 7. In view thereof, there is no merit in the petition and it stands dismissed. 26.08.2025 Ad Whether speaking/reasoned? Whether reportable? 2018 -5- marks in third lower exam’. Admittedly, the petitioner . His reliance is upon the second part of the f there are only two lower exams, then one must secure at least 50 marks in one exam and 45 per cent marks in another reliance upon this second part of the Note is misplaced as he has , i.e., Matric, 10+2 and Graduation. Therefore, the requirement to possess atleast 50 per cent marks marks in third lower exam, which he Further, his reliance upon Rule 7 in Appendix B academic qualifications for direct recruitment , since the Rule does not define consistent only mentions the qualifications. The criteria for good academic record has down in Note 2 of the advertisement Accordingly, the petitioner cannot claim any right to consideration by to the statutory Rules. In view thereof, there is no merit in the petition and it stands (TRIBHUVAN DAHIYA Whether speaking/reasoned? Whether reportable? he petitioner does not fulfill this . His reliance is upon the second part of the Note which is to the n one must secure at least 50 per marks in another.’ The petitioner’s ote is misplaced as he has cleared three raduation. Therefore, the requirement marks in two lower exams and 45 per concededly does not possess. Appendix B to the statutory Rules of 2012 for direct recruitment to the post is also of consistent good academic record; it only mentions the qualifications. The criteria for good academic record has of the advertisement, which is not under challenge. the petitioner cannot claim any right to consideration by In view thereof, there is no merit in the petition and it stands TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No fulfill this ote which is to the per ’s three raduation. Therefore, the requirement per . of 2012 is also of it only mentions the qualifications. The criteria for good academic record has which is not under challenge. the petitioner cannot claim any right to consideration by In view thereof, there is no merit in the petition and it stands Aman Dua 2025.09.02 18:24 I attest to the accuracy and authenticity of this judicial document