HindustanTimes Fri,22 Aug 2014

Illegal marks to be deducted from July 2009 criteria: HC

Vivek Gupta , Hindustan Times  Chandigarh, June 12, 2014
First Published: 09:28 IST(12/6/2014) | Last Updated: 09:34 IST(12/6/2014)

In its latest order, the Punjab and Haryana high court (HC) ruled that the five marks assigned to the descriptive test while hiring 536 teachers in 2009, which was declared illegal in its January order, would be deducted from the criteria finalised on July 21, 2009, and not the May 25, 2009, criteria.

In the last order on this issue dated January 31 , the high court ruled that the five marks assigned to the descriptive test of the recruitment criteria followed by the education department was illegal, and it need to be deducted from the revised criteria approved in 2009.

However, the department had changed the criteria twice in 2009, one on May 25 and then finally on July 21 for which a public notice was issued in September that year.

Since the high court’s January order passed the May 2009 criteria for deduction of five marks, the education department moved civil miscellaneous application last month and pointed out that the May criteria contained factual mistake which needed to be corrected.

Bringing clarity in the matter, the court observed in its latest judgment on May 29 that the revised criteria, passed by the court in January 31 order, was extracted from the note of the deputy district education officer prepared in May 2009, whereas the criteria was finalised in July that year.

The ground of challenge in the original application as upheld by the court was to grant five marks for the descriptive test.

The said challenge remains unchanged in the criteria so approved, but there is a change of bifurcation of marks, which should be read as per July 21 criteria, the order clarified.

While disposing of the case, the court once again reiterated that five marks assigned to the descriptive test were illegal and fresh merit list to be prepared on the basis of 95 marks would remain unchanged.

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