High Court Restrains Haryana Govt From Holding Computer PGT Appointment Test Citing Disparity With Eligibility Criteria Prescribed By NCTE

The Punjab & Haryana High Court has temporarily restrained Haryana from holding the subject knowledge Test for appointment to the post of Post Graduate Teacher (Computer Science).

The division bench of Justice Deepak Sibal and Justice Sukhvinder Kaur noted that the State had itself written to the National Council for Teacher Education (NCTE) seeking relaxation in the minimum qualifications prescribed in its Rules and published by it in the advertisement in question.

"The State acknowledges that the minimum qualifications prescribed in its Rules and the consequent advertisement are at variance with the minimum qualifications prescribed by the Council and that to go ahead with the selections, it needs the Council’s nod."

These observations were made while hearing a plea challenging the academic qualifications prescribed in the Haryana State Education School Cadre (Group-B) Service Rules, 2012 for the appointment of a Post Graduate Teacher (Computer Science).

The issue was regarding the disparity between the qualifications stipulated in the Haryana State Education School Cadre (Group-B) Service Rules, and the requirements set by NCTE in New Delhi.

The petitioners asserted that the NCTE mandates a minimum qualification of a Post Graduate degree with at least 50% marks in the relevant subject and a Bachelor of Education from a Council-recognized institution for individuals aspiring to become Post Graduate Teachers (Computer Science).

However, the Haryana state Rules deviate from these national standards, specifying that candidates must hold an M.Sc. in Computer Science (Regular two-year course), a Master in Computer Application (Regular three-year course), or a B.E./B. Tech in Computer Science/Computer Engineering/IT (Regular course) with an aggregate of 55% marks from a recognized university.

The petitioners drew attention to a recent Supreme Court judgment in Devesh Sharma Vs. Union of India & Ors which underscored the necessity of harmonizing state-level educational qualifications with national standards, especially in the context of teacher recruitment.

The State conceded to the factual discrepancies and submitted that it had taken the initiative to communicate with the NCTE, as per Clause 5 of the Guidelines issued by the Council. In a letter dated 12.09.2023, the State formally sought relaxation from the NCTE, requesting permission to proceed with the selection process without making a B.Ed with Post Graduation in Computer Science a mandatory qualification. However, there has been no response from the NCTE.

The court issued an interim order restraining the State from conducting the Subject Knowledge Test for appointments to the position of Post Graduate Teacher (Computer Science) until the adjourned date, which has been scheduled for 16.10.2023. During this interim period, the NCTE is expected to render a decision on the State's request for the relaxation of qualifications.

Before the adjourned date, the petitioners are required to include the National Council for Teacher Education (NCTE), New Delhi, as a party to the legal proceedings. Additionally, the court has directed that a copy of the order be served upon the Additional Solicitor General of India, for compliance. 

Appearance: Petitioner no. 1 Rajesh Kumar and Petitioner No.3 Vikas Malik in person.

Mukesh Ahuja Secretary, Haryana Public Service Commission. Anshaj Singh, Director, School Education, Haryana.

Gautam Narula, Deputy District Attorney, Haryana Public Service Commission.

Case Title: Rajesh Kumar & Ors. v. State Of Haryana & Ors.

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