Pardeep Kumar vs State of Haryana and others

Augustine George Masih, J.—Petitioner has approached this Court with a grievance that he is not being treated as a Haryana Teacher Eligibility Test (in short ''HTET'') pass candidate on the ground that he has not secured 90 marks out of 150 marks in the examination which petitioner took in the year 2011. The contention of the petitioner is that as per Note 10 in the advertisement dated 7.6.2012 (Annexure-P-2) wherein posts for Post Graduate Teachers were advertised, 5% relaxation has been granted in the qualifying marks to the scheduled castes and physically handicapped category candidates. Petitioner has a disability of 85% and therefore, is a physically handicapped person. The benefit of 5% is to be granted in the eligibility of the qualifying marks in the educational qualification. The claim, as has been made by the petitioner for relaxation of 5% for passing the HTET certificate, cannot be accepted as the said relaxation is not granted for passing the said examination. As a matter of fact, earlier while the examination was conducted by the Haryana School Education Board, Bhiwani, for the HTET examination, in the advertisement itself relaxation was granted to the scheduled castes candidates to the extent of 5 marks for being declared pass in the HTET test, which was challenged by a large number of candidates belonging to the backward class category that it would amount to discrimination. Although the same clause was mentioned in the prospectus itself to be applicable to B.C., the relaxation of 5% marks granted to the scheduled castes candidates only, as per the decision of the Government of Haryana, was upheld by this Court. Therefore, passing of the HTET examination is mandatory and the relaxation, which has been granted under Note 10, is only with regard to educational qualification. The petitioner has approached this Court under a mis-conceived notion that the benefit would be extended even to the passing of HTET examination. Finding no merit in the present writ petition, the same stands dismissed.