As per case facts, petitioners like Naresh Kumari and others applied for PGT posts but faced an age-related issue because the advertisement's Clause 10(9) limited age relaxation strictly to those ...
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CWP-28252-2024 and other connected cases
IN THE HIGH COURT OF PUNJAB AND HARYANAIN THE HIGH COURT OF PUNJAB AND HARYANAIN THE HIGH COURT OF PUNJAB AND HARYANAIN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARHAT CHANDIGARHAT CHANDIGARHAT CHANDIGARH
Date of decision: 06.08.2026
1. CWP-28252-2024 (O&M)
NARESH KUMARI .....Petitioner
VERSUS
STATE OF HARYANA AND ORS
...Respondents
2. CWP-30314-2024 (O&M)
SAVITA RANI .....Petitioner
VERSUS
STATE OF HARYANA AND ORS
...Respondents
3. CWP-30356-2024
UMED SINGH BOORA .....Petitioner
VERSUS
STATE OF HARYANA
...Respondent
4. CWP-32026-2024 (O&M)
HARJEET SINGH .....Petitioner
VERSUS
HARYANA PUBLIC SERVICE COMMISSION
...Respondent
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CWP-28252-2024 and other connected cases
1. Date when judgment was reserved 22.07.202622.07.202622.07.202622.07.2026
2. Date of pronouncement of judgment 06.08.202606.08.202606.08.202606.08.2026
3. Date of uploading judgment 00007777.08.2026.08.2026.08.2026.08.2026
4. Whether operative part or full
judgment is pronounced
FullFullFullFull
5. Delay, if any, in pronouncing of full
judgment and reasons thereof
Not applicableNot applicableNot applicableNot applicable
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Jasbir Mor, Advocate for the applicants/petitioners in CWP-
28252-2024 & 30314-2024.
Mr. Sanchit Punia, Advocate for the petitioner in CWP-30356-2024.
Mr. Sunny Singla with Mr. Riti Aggarwal and Ms. Kamaljeet Kaur,
Advocates for the petitioner in CWP-32026-2024.
Mr. Rajiv Malhotra, DAG Haryana-State.
Mr. Kanwal Goyal with Ms. Sheena Dahiya, Advocates for
respondent(s)-HPSC.
****
HARPREET SINGH BRAR
, J. (Oral)
1. With the consent of learned counsel for the par ties, the
aforesaid writ petitions are being taken up together as they arise out of a
common set of facts and involve identical questions of law. However, for
the sake of brevity, the facts are being extracted from CWP-28252-2024.
2. The present writ petition has been filed under Articles 226/227
of the Constitution of India for the issuance of a writ in the nature of
certiorari to quash clause 10(ix) of the Advertisement dated 23.07.2024
(Annexure P-1) to the extent it provides for relaxation in upper age only for
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CWP-28252-2024 and other connected cases
experience on an ‘equivalent post’. It is further prayed that a writ in the
nature of mandamus be issued directing the respondents not to declare the
petitioner ineligible or cancel her candidature due to overage, and to
consider her eligible for the post of PGT Political Science by granting her
relaxation in upper age to the extent of her teaching experience, up to a
maximum of 5 years, in terms of Rule 5 of the Haryana State Education
School Cadre (Group B) Service Rules, 2012 (hereinafter referred to as the
‘2012 Service Rules’) and the judgment dated 06.01.2015 (Annexure P-10)
in CWP No. 20110 of 2014 titled as ‘Som Nath Vs. State of Haryana and
another.’
CONTENTIONS
3. Learned counsel for the petitioner inter alia contends that the
respondent-Commission invited applications for the post of PGT Political
Science for Rest of Haryana cadre and Mewat cadre vide Advertisement
dated 23.07.2024 (Annexure P-1). One of the conditions, clause 10(ix) of the
advertisement, stipulated that relaxation in the upper age limit shall be
granted to candidates only to the extent of experience on an equivalent post
on an adhoc/contract/work-charged/daily wages basis.
3.1. It is contended that the petitioner is in possession of the
educational qualifications of B.A., B.Ed., and M.A. in Political Science with
more than 50% marks and has also qualified the Haryana Teachers
Eligibility Test (HTET) in the year 2011. The petitioner has been working as
a Primary Teacher on a regular basis from 02.05.2017 till date, thus having
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CWP-28252-2024 and other connected cases
more than 7 years of teaching experience to her credit. However, since the
petitioner was overage (more than 42 years) and the relaxation of age under
Clause 10(ix) of the advertisement was restricted only to candidates
possessing experience on an equivalent post, she submitted a representation
dated 12.08.2024 (Annexure P-3) to the respondent-Commission.
3.2. Thereafter, the respondent-Commission issued a notice dated
16.08.2024 and provisionally allowed candidates, who were overage or did
not possess the required qualifications, to submit hard copies of their
application forms. The petitioner, being duly eligible and qualified in all
other respects, submitted her application form (Annexure P-7).
Subsequently, the petitioner appeared in the Subject Knowledge Test on
14.09.2024. It is submitted that the respondent-Commission declared the
result on 26.09.2024 (Annexure P-9), and the name of the petitioner figured
in the list of successful candidates.
3.3. Learned counsel argues that the petitioner apprehended that she
was likely to be declared ineligible on account of her being overage in view
of Clause 10(ix) of advertisement (Annexure P-1) and therefore, filed the
present writ petition. It is submitted that the aforesaid stipulation contained
in Clause 10(ix) of Advertisement is contrary to Rule 5 of the 2012 Service
Rules, as amended from time to time, which provides for grant of relaxation
in the upper age limit to the extent of the experience rendered by eligible
teachers, subject to a maximum of five years. It is argued that in the event of
any inconsistency between the conditions contained in the advertisement and
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CWP-28252-2024 and other connected cases
the statutory service rules, the statutory rules would prevail over the terms of
the advertisement. Learned counsel also places reliance on the judgment of
the Co-ordinate Bench of this Court in Som Nath (supra) (Annexure P-10),
wherein it was observed that it would be too harsh to interpret the rules to
mean that relaxation would mean only in the first advertisement issued after
framing of the rules; rather, it would mean that the relaxation is available to
a candidate once for his/her appointment.
3.4. Learned counsel further submits that pursuant to the interim
orders passed by this Court, the petitioners, except the petitioner in CWP-
32026-2024, were provisionally permitted to participate in the selection
process. The petitioners have been successful in the selection process and
the result thereof was produced before this Court in a sealed cover, as is
evident from the order dated 28.01.2025. Insofar as the petitioner in CWP-
32026-2024 is concerned, his candidature came to be rejected vide order
dated 25.11.2024 (Annexure P-9 in CWP-32026-2024) and therefore there
was no occasion for this Court to pass an interim order in his favour. It is
further submitted that vide order dated 24.02.2025, this Court directed that
three posts under the General Category, namely, one post of PGT Political
Science in CWP-28252-2024 and two posts of PGT Physical Education in
CWP-30314-2024 and CWP-30356-2024, be kept vacant during the
pendency of the present writ petitions.
4. Per contra, learned State Counsel adopts the stand taken by the
respondent-Commission and submits that the entire selection process has
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CWP-28252-2024 and other connected cases
been conducted by the respondent-Commission. It is, thus, submitted that
since the respondent-Commission has undertaken the recruitment process, it
is the respondent-Commission which is competent to explain the reasons for
non-consideration of the claim of the petitioners.
4.1. Learned counsel for the respondent-Commission submits that
Advertisement dated 23.07.2024 (Annexure P-1) was issued on the basis of
the requisition received from the State Government and the conditions
contained therein, including Clause 10(ix) relating to age relaxation, were
incorporated in terms of the Government Instructions dated 25.03.2022
(Annexure R-3/1). It is submitted that in terms of the said instructions, the
benefit of age relaxation is admissible only to candidates possessing
teaching experience on an ‘equivalent post’. Consequently, the petitioners,
being more than 42 years of age and not possessing experience on an
equivalent post, have rightly been held ineligible. It is further submitted that
though the petitioners have challenged Clause 10(ix) of Advertisement as
being contrary to Rule 5 of the 2012 Service Rules, they have not challenged
the Government Instructions dated 25.03.2022 (Annexure R-3/1), on the
basis whereof the said clause has been incorporated in the advertisement.
4.2. It is contended that Rule 5 of the 2012 Service Rules has no
applicability to the case of the petitioners, as the said Rule applies to
teachers working in privately managed Government-aided, recognised and
Government schools. Insofar as the petitioner in CWP-28252-2024 is
concerned, she is working in Government Model Sanskriti Senior Secondary
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CWP-28252-2024 and other connected cases
School, Sector-26, Panchkula, and is admittedly holding the post of
JBT/PRT, which is not equivalent to the advertised post of PGT. Therefore,
she cannot claim the benefit of Rule 5 of the 2012 Service Rules. Reliance is
also placed on the judgments rendered by the Co-ordinate Benches of this
Court in Aruna Mehta v. Haryana School Teachers Selection Board,
2017(4) SCT 223 and Kamla Rani v. State of Haryana, 2015(2) SCT 227.
5. In rebuttal, learned counsel for the petitioners submits that
Paragraph 8 of the Advertisement (Annexure P-1) itself stipulates that the
recruitment shall be governed by the applicable service rules and, therefore,
the provisions of the 2012 Service Rules would prevail over any contrary
stipulation contained in the advertisement.
OBSERVATION & ANALYSIS
6. I have heard the learned counsel for the parties and have
perused the record with their able assistance. The controversy involved in
the present writ petitions is whether Clause 10(ix) of Advertisement
(Annexure P-1), restricting the benefit of age relaxation only to candidates
possessing experience on an equivalent post, is contrary to the provisions of
the 2012 Service Rules. The issue assumes significance in view of
Paragraph 8 of Advertisement, which itself stipulates that the recruitment
shall be made strictly in accordance with the relevant Service Rules, namely,
the 2012 Service Rules, as amended from time to time, and the existing
Government instructions issued up to the date of issuance of the
advertisement. The question, therefore, is whether the petitioners are entitled
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CWP-28252-2024 and other connected cases
to be considered in accordance with the statutory Rules by ignoring any
stipulation in the advertisement which is inconsistent therewith.
7. It is a settled principle of law that where there is any
inconsistency between the terms of an advertisement and the governing
statutory rules, the statutory rules must prevail. Thus, any part of the
advertisement which is contrary to the statutory rules has to give way to the
statutory prescription. A two-Judge Bench of the Hon’ble Supreme Court in
Ashish Kumar v. State of Uttar Pradesh, 2018(3) SCT 290, speaking
through Justice Ashok Bhushan, has observed as follows in this regard:
“20. The above rules clearly indicate that qualification for
Psychologist is M.A. in Psychology. There is no other column in
which Psychologist can be read in the entire rule. The B.Ed. is a
preferential qualification and essential qualification is only M.A. in
Psychology according to 1991 Rules. It is relevant to note that
although learned Single Judge has referred to 1991 Rules but he
observed that 1991 rules lays down the qualification as trained
graduate along with L.T./B.T. B.Ed., the above observations of
learned Single Judge are not sustainable in view of the qualification
as prescribed in 1991 Rules as extracted above.
21. In the counter affidavit filed in this court by the state, 1991 rules
have been accepted to be the relevant rules regulating the recruitment
as has been noted in the Paragraph Xiii extracted above. The
qualification prescribed in the Rules does not provide for L.T./B.T.
B.Ed. as essential qualification. Thus nonpossession of L.T./B.T.
B.Ed. does not make him disqualified for the post as per Statutory
Rules of 1991. Appellant is postgraduate in psychology and thus,
also fulfill the qualification prescribed in the 1991 Rules. The
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CWP-28252-2024 and other connected cases
respondent in counter affidavit had themselves come with the case
that the appointment has to be made in accordance with the
statutory rules. When under the statutory rules, 1991, appellant
fulfill the qualification; there is no occasion to deny appointment to
him.
22. Any part of the advertisement which is contrary to the statutory
rules has to give way to the statutory prescription. Thus, looking to
the qualification prescribed in the statutory rules, appellant fulfills
the qualification and after being selected for the post denying
appointment to him is arbitrary and illegal. It is well settled that
when there is variance in the advertisement and in the statutory
rules, it is statutory rules which take precedence. In this context,
reference is made in judgment of this Court in the case of Malik
Mazhar Sultan & Anr. v. U.P. Public Service Commission & Ors.,
2006(2) S.C.T. 303 : 2006 (9) SCC 507. Paragraph 21 of the
judgment lays down above proposition which is to the following
effect:
"21. The present controversy has arisen as the advertisement
issued by PSC stated that the candidates who were within the
age on 01.07.2001 and 01.07.2002 shall be treated within age
for the examination. Undoubtedly, the excluded candidates
were of eligible age as per the advertisements but the
recruitment to the service can only be made in accordance with
the Rules and the error, if any, in the advertisement cannot
override the Rules and create a right in favour of a candidate if
otherwise not eligible according to the Rules. The relaxation of
age can be granted only of permissible under the Rules and not
on the basis of the advertisement. If the interpretation of the
Rules by PSC when it issued the advertisement was erroneous,
no right can accrue on basis thereof. Therefore, the answer to
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CWP-28252-2024 and other connected cases
the question would turn upon the interpretation of the Rules."”
(Emphasis added)
8. Furthermore, it is trite law that executive or administrative
instructions cannot amend or override statutory rules, nor can any such
instructions be issued in derogation of the statutory framework. This is for
the reason that administrative directions, being non-statutory in character, do
not carry the force of law. On the contrary, statutory rules, framed under the
authority of an enabling statute, have the binding force of law, provided they
are consistent with and not repugnant to the parent Act. Thus, while
statutory rules occupy the field with full legal sanctity, mere executive
instructions cannot operate to curtail, modify, or expand their scope.
However, if the statutory rules are silent on any particular point, instructions
can fill up the gaps and supplement the rules. In other words, instructions
can be issued only to supplement the statutory rules but not to supplant
them. Reliance in this regard can be placed on the judgements of the
Hon’ble Supreme Court in Yash Charitable Trust vs. Union of India, 2026
INSC 96; Paluru Ramkrishnaiah vs. Union of India, AIR 1990 SC 166;
State of U.P. vs. Babu Ram Upadhyaya, AIR 1961 SC 751; Swapan Kumar
Pal vs. Samitabhar Chakraborty, 2001(2) SCT 1104 (SC); and Ram
Ganesh Tripathi vs. State of U.P., 1997(1) SCT 494 (SC).
9. Adverting to the facts of the present case, the Advertisement
dated 23.07.2024 (Annexure P-1) expressly provided that the recruitment
will be made strictly in accordance with the Haryana State Education School
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CWP-28252-2024 and other connected cases
Cadre (Group-B) Service Rules 2012 and Mewat District School Education
(Group-B) Service Rules 2012, as amended from time to time and as per the
existing Government instructions issued upto the date of issuance of the
Advertisement. It was further provided that the candidate should not be less
than 18 years and not more than 42 years as on the closing date fixed for
submission of application forms, i.e., 14.08.2024. However, relaxation in
maximum age for various categories was also available under the
advertisement, including relaxation for persons who have already worked or
are presently working on an equivalent post on adhoc/contract/work-
charged/daily wage basis in any
Departments/Boards/Corporations/Government-aided institutions under the
Haryana Government. Relevant portion of the Advertisement dated
23.07.2024 (Annexure P-1) is reproduced hereunder for ready reference:
“8. SERVICE RULES OF THE POSTS:
The Recruitment will be made strictly in accordance with the relevant
Service Rules [Haryana State Education School Cadre (Group-B)
Service Rules 2012 and Mewat District School Education (Group-B)
Service Rules 2012] as amended from time to time and as per existing
Govt. instructions issued by the Govt. upto the date of issuance of this
Advertisement. The relevant Service Rules are available on the
website of www.schooleducationharyana.gov.in/service-rules/page/3/
xx xx
xx
10. AGE LIMITS: Candidate should not be less than 18 years and
not more than 42 years, as the closing date fixed for submission of
online application forms to the commission i.e. 14.08.2024.
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CWP-28252-2024 and other connected cases
The relaxation in maximum age for various categories is available as
under:-
Sr.
No.
Categories where relaxation
is admissible
No. of years of relaxation
(i) to
(viii)
xx xx
(ix) Persons who have already
worked or presently working
on adhoc / contract / work-
charged / daily wages basis
in any Department / Board /
Corporation of Haryana
Government including
Government-aided
institutions under Haryana
Government.
Relaxation in age Equal to the
number of completed years
only on equivalent post on
adhoc/ contract/ work-
charged/ daily wages basis
excluding the period of break,
if any, including any other age
relaxation admissible, if any,
subject to maximum age of 52
years and also subject to the
condition that if once a person
has been appointed on regular
basis in any Department /
Board / Corporation etc. of
Haryana Government with the
benefit of relaxation in age he
will not be entitled to avail the
same again for any subsequent
appointment.
Note:-
The experience certificate(s)
of equivalent post issued by
the Appointing Authority of
respective Department /
Board / Corporation /
Government-aided Institution
only shall be valid. Before
grant of benefit of relaxation
in age, the experience
certificate(s) shall be got
verified by the HPSC from
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CWP-28252-2024 and other connected cases
the concerned Appointing
Authority(ties).”
10. Reference must also be made to the Proviso to Rule 5 of the
2012 Service Rules, which grants teachers serving in privately managed
Government-aided, recognized, and Government schools relaxation in the
upper age limit to the extent of the service rendered by them, subject to a
maximum of five years. The said Rule is reproduced as follows:
“5. No person shall be appointed to the post in the service by direct
recruitment on contract basis who is less than eighteen years or more
than forty years of age or such age as fixed by the Government, from
time to time on the last date of submission of application to the
recruiting agency.
Provided that teachers working in privately managed
Government aided, recognized and Government schools, shall be
given age relaxation in upper age limit to the extent of service
rendered by them as a teacher subject to a maximum of five years.
However, the said relaxation shall be as a onetime measure only.”
(Emphasis added)
11. Although the Proviso to Rule 5 stipulates that such relaxation is
available as a one-time measure, a Coordinate Bench of this Court in Som
Nath (supra) has interpreted the provision to mean that the benefit is
available once for securing regular appointment and not merely in the first
recruitment process conducted after the Rules came into force. The
Coordinate Bench further observed that, in view of the prolonged absence of
regular recruitment and the prevalent practice of filling posts on a
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CWP-28252-2024 and other connected cases
contractual basis, many eligible candidates were deprived of an opportunity
for regular appointment and consequently became overage. The age
relaxation was intended to benefit such experienced teachers who had served
in recognized educational institutions, and therefore must be construed in a
manner so as to advance, rather than defeat, the object of the Rule. The
relevant observations of the Co-ordinate Bench are reproduced hereunder:
“9. The issue under consideration in the present petitions is as to
whether the concession of age relaxation as provided in Rule 5 of the
Rules is admissible to the candidates in the first advertisement issued
after framing of the Rules or with reference to a candidate. The
relevant Rule 5 of the Rules is extracted below:-
xx xx
12. Contention of learned counsel for the petitioner is that the
relaxation is with reference to the candidates whereas the stand of the
State is that relaxation was provided in the first advertisement issued
after framing of the Rules. A perusal of Rule 5 of the Rules as
reproduced above shows that the age has been defined with reference
to the candidates to be appointed on the posts. The relaxation as
noticed above is with reference to the teaching experience subject to
maximum of five years in privately managed Government aided,
recognised and Government schools. Thereafter, it has been provided
that the relaxation shall be as one time measure only. The line in the
Rule which provided that relaxation shall be as a one time measure is
to be read in the context of the Rules which provide for age limit for
recruitment as a teacher, hence, has to be given interpretation in
terms thereof. It will be too harsh to interpret the Rules to mean that
relaxation would mean only in the first advertisement issued after
framing of the Rules rather it should be understood to mean that the
relaxation is available to a candidate once for his/her appointment.
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CWP-28252-2024 and other connected cases
There has been adhocism in the State for quite some time as the
posts were being filled up on contract basis for quite some time and
there has been no regular recruitment, hence, lot of candidates in
the line could not get opportunity to be recruited on regular basis.
In the process, some became over age as well. This relaxation is
meant for these type of candidates, as experience always matters.
The experience, the relaxation for which is being granted is only for
teaching in privately managed Government aided, recognised and
Government schools and not in some small tutor types shops. In the
recognized, privately managed Government aided schools, there is
some control on the quality of teaching as well, hence, the
relaxation in age to these categories of candidates is to be granted
once for his/her selection and not for any subsequent selection.”
(Emphasis added)
12. The petitioner in CWP-28252-2024 has been working as a
Primary Teacher in Government Model Sanskriti Senior Secondary School,
Sector 26, Panchkula on a regular basis from 02.05.2017 till date. A plain
reading of Rule 5 of the 2012 Service Rules clearly shows that the petitioner
falls within the ambit of the said Rule and must be given the benefit of age
relaxation on the basis of her experience as a Primary Teacher. The action of
the respondent-Commission in rejecting the candidature of the petitioner
merely on the ground that she does not possess experience on an equivalent
post, is illegal and contrary to Rule 5. The term ‘equivalent post’ has not
been used in Rule 5 and cannot be read into the provision to restrict its scope
and applicability, as the same would defeat the very purpose and object of
the Rule. Furthermore, as noted above, it is settled law that where there is
16
CWP-28252-2024 and other connected cases
any inconsistency between the terms of an advertisement and the governing
statutory rules, the statutory rules must prevail.
13. Moreover, the reliance placed by the learned counsel for the
respondents on the Government Instructions dated 25.03.2022 (Annexure R-
3/1) is misplaced and the same cannot be used to justify the aforesaid
approach. Executive or administrative instructions cannot amend or override
statutory rules, nor can any such instructions be issued in derogation of the
statutory framework.
14. Nonetheless, this Court is of the considered view that Clause
10(ix) of the advertisement as reproduced above, operates in a different
field. It grants a general age relaxation for persons who have already worked
or are presently working on an equivalent post on adhoc/contract/work-
charged/daily wage basis in any
Departments/Boards/Corporations/Government-aided institutions under the
Haryana Government. For this general class, the clause requires service on
an equivalent post and caps the resultant age at 52 years. The petitioner does
not claim relaxation under Clause 10(ix); rather, she is invoking the separate
and specific statutory concession created for teachers by Rule 5 of the 2012
Service Rules. As noted above, instructions can be issued only to
supplement the statutory rules but not to supplant them. Thus, this Court
holds that the Government Instructions dated 25.03.2022 (Annexure R-3/1)
may continue to operate and grant the benefit of age relaxation to employees
in whose favor they have been issued. However, they cannot override or
17
CWP-28252-2024 and other connected cases
restrict the statutory age relaxation conferred under Rule 5.
15. Furthermore, the reliance placed by learned counsel for the
respondents on the judgments of the Co-ordinate Benches in Aruna Mehta
(supra) and Kamla Rani (supra) is wholly misplaced, as both decisions are
clearly distinguishable on facts and do not govern the controversy involved
in the present case. In Aruna Mehta (supra), the petitioner had sought
exemption from the requirement of passing the HTET on the basis of her
experience as a College Lecturer. The Co-ordinate Bench declined the
claim, observing that under the relevant advertisement, the benefit of
exemption was available only to candidates who had served in Government
Schools, Privately Managed Government-Aided Schools, or Recognized
Schools and possessed the requisite teaching experience prior to 11.04.2012.
Since the petitioner did not satisfy the prescribed eligibility conditions, the
relief was rightly denied. Significantly, the issue relating to relaxation in the
upper age limit under Rule 5 of the 2012 Service Rules neither arose for
consideration nor was adjudicated upon in the said case.
16. In Kamla Rani (supra), the principal contention advanced on
behalf of the petitioner was that the expression “teacher” occurring in Rule 5
of the 2012 Rules ought to be interpreted broadly so as to include all
categories of teachers, irrespective of whether the teaching experience was
acquired in primary schools, secondary schools, or colleges. The Co-
ordinate Bench rejected the said contention and held that the petitioner’s
experience as a Lecturer (English) at the college level did not satisfy the
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CWP-28252-2024 and other connected cases
requirement of teaching experience in Government Schools, Privately
Managed Government-Aided Schools, or Recognized Schools as
contemplated under Rule 5. Consequently, the claim for age relaxation was
declined. It was further observed that accepting such an interpretation would
amount to reading something alien into the statutory provision which is
otherwise clear and unambiguous. On the other hand, the petitioner in
CWP-28252-2024 has experience as a Primary Teacher in Government
Model Sanskriti Senior Secondary School, Sector 26, Panchkula and
therefore, squarely falls within the ambit of Rule 5 of the 2012 Service
Rules.
CONCLUSION
17. In view of the foregoing discussion, all the above-mentioned
writ petitions are allowed in the following terms:
a. The impugned orders whereby the candidature of the petitioners has
been rejected on the ground that they do not possess experience on an
“equivalent post” in terms of Clause 10(ix) of Advertisement dated
23.07.2024 are hereby quashed and set aside.
b. The respondents are directed to consider the candidature of the
petitioners after extending to them the benefit of relaxation in the
upper age limit in accordance with Rule 5 of the Haryana State
Education School Cadre (Group B) Service Rules, 2012. However,
such benefit shall be admissible only if the petitioners have not
previously availed the said one-time relaxation for securing
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CWP-28252-2024 and other connected cases
appointment against a regular post.
c. Since the petitioner in CWP-32026-2024 was not interviewed owing
to the rejection of his candidature, the respondents are directed to
afford him an opportunity to participate in the interview and thereafter
consider his candidature for selection in accordance with law.
d. The petitioners, if found eligible and meritorious, shall be offered
appointment with consequential notional benefits in terms of their
merit. However, actual monetary benefits shall be given to the
petitioners only from the date of their actual joining. The respondents
are directed to complete the aforesaid exercise within a period of six
weeks from the date of receipt of a certified copy of this order.
18. Pending miscellaneous applications, if any, shall also stand
disposed of.
19. Photocopy of this order be placed on the files of connected
cases.
(HARPREET SINGH BRAR)(HARPREET SINGH BRAR)(HARPREET SINGH BRAR)(HARPREET SINGH BRAR)
JUDGEJUDGEJUDGEJUDGE
06.08.202606.08.202606.08.202606.08.2026
parul verma Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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