Appoint PGT aspirants against vacant posts, HC orders govt

Saurabh Malik

Tribune News Service

Chandigarh, November 20

The Punjab and Haryana High Court has made it clear that candidates next on merit for recruitment as postgraduate teachers would be entitled to appointment against seats lying vacant due to the non-joining of selected candidates . The ruling by Justice GS Sandhawalia came on seven writ petitions filed by Arun Singh and other petitioners against Haryana and another respondent.

The core issue before the court in the petitions was whether it was incumbent upon the official respondents to go down on the merit list and offer appointments to candidates next in line in the absence of selected candidates joining; and whether a valid reason was given by the state for not filling the vacancies.

The petitioners’ case was appointment should have been offered to the candidates next on merit as they were coming within the zone of consideration .

The Bench was told that an advertisement was issued in June, 2012, by Haryana School Teachers Selection Board for filling 1,870 posts of PGT in English alone. Counsel for the candidates submitted in one of the petitions that the state had no power to act in an arbitrary manner and not fill the advertised posts, once the candidates had gone through the recruitment process.

Even though the candidates had a right to mere consideration, justifiable reasons was required to be put forth for not taking the recruitment process to its logical end, especially as the posts had not been consumed.

The state, on the other hand, clarified that the selection process had been carried out by the erstwhile Haryana School Teachers Selection board, which had been disbanded.

Haryana Staff Selection Commission, now looking after the selection process, submitted that pending proceedings were transferred to it after its reconstitution in March, 2015.

Describing PGT in English as a group “B” post, counsel argued there was no instruction from the state government for maintaining a waiting list as per information received from the Chief Secretary. In such circumstances, a waiting list had not been prepared.

Holding that a justifiable reason had not been given for not filling the posts, Justice Sandhawalia directed the respondents to offer appointment letters. “The state should operate merits list in the subjects of English, Hindi and biology.

“In case there are persons senior in merit than the petitioners, they will firstly be offered the posts and in case the vacancies still exist, the petitioners will be accommodated. The necessary exercise be concluded within a period of two months from the date of receipt of a certified copy of the judgment,” Justice Sandhawalia concluded.