“The advertisement dated March 6, 2020 with the entire selection process including the temporary selection list for the recruitment of 2,364 ETT posts with the criteria of improper selection has been canceled and set aside,” the High Court ruled.
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The High Court, however, observed that the cancellation of the advertisement could be a cause of great inconvenience to the candidates interested in recruitment as opposed to the questionable post. At the same time, it cannot be ignored that if the selection process started by ignoring the rules of service is allowed to reach its final, it will perpetuate the invalidity, the court added. In a detailed order issued on Tuesday, Justice Mahabir Singh Sindhu further said that the criterion of specific selection in the advertisement of giving number five (maximum) weightage for higher qualification was inherently flawed with incurable illegality.
The petitioners’ complaint was against the standards of higher education
Even then, in terms of Rule 4, selections must be made on the basis of “Board” recommendations. On the other hand, the selection process is being conducted by the recruitment department without any legal authority, so the whole practice is clearly illegal, observed Justice Sindhu.
The High Court passed the order while hearing an application filed by Daljit Kaur and others. The applicants questioned the advertisement dated March 6, 2020 issued by the State of Punjab inviting ETT teachers to apply for several posts. A total of 2,364 candidates will be selected through this selection process. Clause 3 of the advertisement provides ‘Mode of Selection’, which explains that an objective written test of 100 marks will be held and final merit list will be drawn on the basis of written test and after adding the number for higher qualification.
Counsel representing the petitioners, Advocate Bikash Chatrath, argued that the language employed in the statutory rules is unequivocal and to the effect that the final selection of candidates will be based on their qualifications in the written test and there will be no number for Viva. Voice or interview. The post in question was governed by the Punjab State Primary Education (Teaching Cadre) Border Area Group ‘C’ Service Rules, 2018. An amendment to the rules was made in a notification dated February 26, 2020, stating that “no person shall be hired. Join the job by direct appointment unless he qualifies for the competitive examination specified by the Director from time to time. The test will be based on their qualifications. There will be no marks for viva voice or interview. ”
Thus, the main complaint of the applicants was against the advertisement section which provides various criteria for determining the higher qualifications of the candidates.
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