Preeti Kiran vs The State of Haryana and Others

Augustine George Masih, J.—Petitioner has approached this Court praying for quashing of the action of the respondents withdrawing the requisition for the posts of Music Teacher and Fine Arts on the ground that the State Teacher Eligibility Test for these subjects has not been conducted by the Board of School Education, Haryana, Bhiwani. It is the contention of counsel for the petitioner that once a requisition has been sent by the department to the Haryana Public Service Commission for filling up the posts, the same cannot be withdrawn on the ground that the State Teacher Eligibility Test for these subjects has not been conducted. He contends that if the said test is not conducted, exemption from passing the said test should have been granted by the respondents and by withdrawal of the requisition for the posts of Lecturer in the Music and Fine Arts, petitioners and others, similarly placed candidates, have been deprived their right of appointment to the posts. He accordingly prays for quashing of the decision of the Government of Haryana withdrawing the requisition and for issuance of direction to the respondents to proceed with the selection.

I have considered the submissions made by counsel for the petitioner and with his assistance gone through the record of the case.

Requisition as has been asserted by counsel for the petitioner was sent by the department for filling up the posts of Lecturer in Music and Fine Arts. It is by now well settled that even after selection has been done and the candidates have been recommended for the appointment, the appointing authority can still decide not to give appointments or fill up the posts, mere selection does not confer any right. Mere issuance of an advertisement will not confer any right on a candidate. It is absolute discretion of the department to withdraw any requisition which has been sent and published by the selecting body. It is also a matter of policy of the Government as to whether and when the State Teacher Eligibility Test has to be held and in what subjects and therefore, no direction can be issued by the Court to the respondents to proceed to hold the said test as has been submitted by counsel for the petitioner. Petitioner, if feels aggrieved by the action of the respondents, may approach the respondents by filing representation and if the same has already been filed as asserted by the counsel, she is given liberty to pursue the same. The present petition is disposed of accordingly.