Punjab: High Court quashes notice, makes PSTET-II mandatory

Saurabh Malik

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Chandigarh, February 2

Less than six months after Punjab issued a corrigendum-cum-public notice deleting the condition of passing the Punjab State Teacher Eligibility Test-2 for candidates applying for the post of physical education master/mistress, the Punjab and Haryana High Court has quashed the same.

Holds action illegal

Justice Sanjeev Prakash Sharma also held as illegal the government’s action of tinkering with the conditions of an advertisement “already acted upon”, while imposing Rs 50,000 costs. The amount, to be recovered from the officer concerned “for creating litigation”, was directed to be paid to the petitioners.

Justice Sanjeev Prakash Sharma also held as illegal the government’s action of tinkering with the conditions of an advertisement “already acted upon”, while imposing Rs 50,000 costs. The amount, to be recovered from the officer concerned “for creating litigation”, was directed to be paid to the petitioners. The directions came on two petitions filed by Amandeep Sagar and other petitioners through counsel RS Kalra. Among other things, they were seeking directions for restraining the respondents from changing the selection criteria by removing the mandatory eligibility condition of clearing PSTET-II stipulated in the advertisement dated January 8, 2022.

Justice Sharma asserted the respondent candidates, who participated in the selection process, apparently submitted a representation to the Punjab Government to remove the condition of passing the PSTET-2 for the recruitment of 168 physical teachers after finding themselves ineligible in terms of the advertisement.

A committee, then constituted by the government to examine the matter, found that passing PSTET-II was not compulsory for the recruitment of physical education masters, following which the public notice-cum-corrigendum was directed to be issue. It was also decided to finalise the merit list based on marks scored in subject-specified test without treating PSTET-II as mandatory.

Justice Sharma asserted the order was being noticed only to lament the manner in which the state irresponsibly performed its functions and created litigation. The advertisement was issued on January 8, 2022, and the result was declared on October 6, 2022. The scrutiny of documents was conducted on December 19, 2022. But the state did not make correction or issue corrigendum in the advertisement before the result’s declaration.

The government proceeded to declare the requirement as a mistake after the final selections were done at the behest of candidates passing examination but originally ineligible under the advertisement. Justice Sharma asserted an advertisement found to be “wrongful or de hors the rules” has to be withdrawn before the selection is over.

Justice Sharma ruled: “The appointing authority can add additional qualification more than which has been laid down by the NCTE in its regulations for appointing teachers. Hence, the requirement of passing PSTET-II in the advertisement originally cannot be said in any manner to be illegal or unjustified. The corrigendum-cum-public notice dated August 26, 2023, issued after final result’s declaration is declared an attempt to change the rule after the game has already been played, and therefore, has to be held illegal.”