Punjab-Haryana High Court
State Of Haryana And Others vs Sneh Lata on 18 March, 2024
Author: G.S. Sandhawalia
Bench: G.S. Sandhawalia
Neutral Citation No:=2024:PHHC:038712-DB
Neutral Citation No. 2024:PHHC:038712-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(120) LPA-736-2024 (O&M)
Decided on : 18.03.2024
State of Haryana & others
......Appellant(s)
Versus
Sneh Lata
......Respondent(s)
CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA,
ACTING CHIEF JUSTICE
HON'BLE MS.JUSTICE LAPITA BANERJI
Present: Mr.Deepak Balyan, Addl.A.G., Haryana, for the appellants.
*****
G.S. Sandhawalia, Acting Chief Justice (Oral)
CM-1817-LPA-2024
1. Application for condoning the delay of 88 days in filing the
present appeal is allowed, in view of the averments made in the application
duly supported by affidavit of the official. Delay of 88 days in filing the
present appeal is hereby condoned.
2. CM stands disposed of.
LPA-736-2024 (O&M)
3. Consideration in the present appeal is to the judgment dated
16.11.2023 passed in CWP-24822-2023 whereby the writ petition was allowed
and directions were issued to consider the writ petitioner for re-adjustment as
Displaced Extension Lecturer in Physics in terms of the policy subject to the
final outcome of CWP-11653-2023 titled Mahesh Kumar & others Vs. State of
Haryana & others.
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4. The reasoning which weighed with the Learned Single Judge was
that the writ petitioner had gained the eligibility after being relieved from duty
by clearing National Eligibility Test (NET) on 28.10.2022 and the certificate
to that effect was issued to her on 29.11.2022 (Annexure P-3). Only on
account of the fact that she was possessing the said certificate after 04.03.2020
as per the policy, her case was rejected. The said cut-off having been stayed
by the order of the Division Bench on 26.05.2023 in Mahesh Kumar (supra)
accordingly it was held that it would not be a reason to reject the case of the
writ petitioner. Resultantly, order dated 18.09.2023 (Annexure P-20) wherein
the case of the writ petitioner had been rejected was set aside and fresh
consideration was ordered, as noticed above.
5. A perusal of the impugned order passed by the Director, Higher
Education, Haryana would go on to show that admittedly the writ petitioner
was working as Extension Lecturer in the subject of Physics at Government
College for Women, Gurawara since 02.02.2015. Due to non-availability of
regular Assistant Professors and eligible Extension Lecturers and she
continued working in the said college with certain breaks falling in between
different academic sessions and worked there till 31.05.2018 and thereafter left
the college. Thereafter, the policy dated 04.03.2020 (Annexure P-11) came
into force wherein it was provided that only persons who worked as eligible
Extension Lecturers for at least one semester but were relieved due to less
workload till the joining of regular Assistant/Associate Professors by way of
transfer/deputation or fresh appointment on or after 01.07.2014 were to be
adjusted and to be considered as Displaced Extension Lecturers.
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6. It is not disputed that the said instructions were upheld by the
Division Bench in Suman Devi Vs. State of Haryana & others, 2020 (4)
SCT 523 wherein under issue No.1, it was held that the policy did not suffer
from arbitrariness and cannot be quashed as it declares those candidates
ineligible who do not possess NET although they were appointed through
validly constituted selection committee and the minimum eligibility condition
was NET and any exemption would compromise the excellence of teaching
standards. The said judgment was further upheld by the Apex Court in SLP
(C) No(s). 6738-6739/2022 on 09.01.2023.
7. Apparently, vide amendment made on 13.05.2023, the Displaced
Eligible Extension Lecturers were classified as ones who cleared the eligibility
on or before 04.03.2020. It is not disputed that the said clause is subject
matter of challenge in Mahesh Kumar (supra) and was stayed vide interim
order dated 26.05.2023 on the ground that it was irrational and was not
supported by a valid reason as to why people who obtained such eligibility
after 04.03.2020 would not be eligible and what was the significance of the
said date vis-à-vis the eligibility of the candidates who were working as
Extension Lecturers. It was in such circumstances, the Director, Higher
Education, Haryana had rejected the case on the ground that the writ petitioner
had not worked as an Extension Lecturer even for a single day having obtained
the qualification of NET in the year 2022 i.e. after the policy dated 04.03.2020
and when she was not in service.
8. In such circumstances, we are of the considered opinion that once
the cut-off date has been stayed upon which reliance has been placed in
the impugned order and passed prior to when the order was passed by the
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authorities, the said order cannot be sustained as the authorities had to take
into consideration the said fact. Resultantly, keeping in view the above, we
are of the considered opinion that the reasoning which has been arrived at by
the Learned Single Judge does not suffer from any infirmity as it is for the
State to make best use of the duly qualified person who are seeking
employment as Extension Lecturers.
9. Accordingly, in view of the above discussion, the present appeal
is dismissed in limine. All pending application(s) also stand disposed of.
(G.S. SANDHAWALIA)
ACTING CHIEF JUSTICE
(LAPITA BANERJI)
18.03.2024 JUDGE
Sailesh
Whether speaking/reasoned : Yes
Whether Reportable : No
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