HC sets aside selection of over 2,300 Punjab ETT teachers – Times of India

“The advertisement dated March 6, 2020, containing the impugned selection criteria along with the entire selection process, including provisional merit list for recruitment to the posts of 2,364 ETT are quashed and set aside,” the HC ruled.

The HC, however, observed that the quashing of the advertisement may cause great hardship to the candidates aspiring for appointment against the posts in question. At the same time, it cannot be ignored that in case the selection process initiated in disregard of the service rules is allowed to attain finality, the same shall perpetuate the illegality, the court added.
In a detailed order released on Tuesday, Justice Mahabir Singh Sindhu also held that the selection criteria specified in the advertisement granting weightage of five marks (maximum) for higher qualification was inherently flawed with incurable illegality.

Petitioners grouse was against higher education criteria


Still, in view of Rule-4, the selection has to be made on the basis of recommendations by the “board”. On the other hand, the selection process is being carried out by the recruitment directorate without any lawful authority, therefore, the whole exercise is patently illegal, observed Justice Sindhu.

The HC passed these orders while hearing a petition filed by Daljit Kaur and others. The petitioners had questioned the advertisement dated March 6, 2020, issued by the State of Punjab inviting applications for filling up several posts of ETT teachers. A total of 2,364 candidates were to be selected through this selection process. Clause 3 of the advertisement provided ‘Mode of Selection,’ explaining that an objective-type written test of 100 marks shall be conducted and the final merit list shall be prepared on the basis of the written test and after adding marks for higher qualification.

The counsel representing the petitioners, advocate Vikas Chatrath argued that the language employed in the statutory rule is unambiguous and to the effect that the final selection of candidates shall be on the basis of their merit in the written examination and there shall be no marks for viva voce or interview. The post in question was governed by the Punjab State Elementary Education (Teaching Cadre) Border Area Group ‘C’ Service Rules, 2018. An amendment to the rules was carried out through notification dated February 26, 2020, providing “no person shall be appointed to the service by way of direct recruitment unless he qualifies in the competitive test as specified by the director from time to time. The final selection of candidates shall be on the basis of their merit in the said written examination. There shall be no marks for viva voce or interview.”

Thus, the main grouse of the petitioners was against the clause of the advertisement that provides different criteria to determine the higher qualification for the candidates.