The Punjab and Haryana high court has quashed advertisement put out by the Punjab government in March 2020 for employment to 2,364 elementary teacher training (ETT) diploma-holders.
The high court bench of justice Mahabir Singh Sindhu acted on the pleas in which selection criteria was challenged. The advertisement for recruiting 2,364 teachers for border areas was issued on March 6, 2020, by director, education recruitment directorate, Punjab. Initial advertisement was for 1,664 posts, which was increased to 2,364 in June 2020. The written test was held on November 29, 2020, and the result was declared on December 5, 2020. The director (recruitment) prepared a provisional merit list that was put out through a public notice.
The court has quashed the advertisement containing the selection criteria, along with entire selection process, including provisional merit list for recruitment.
The court observed that it is very well conscious that quashing of the advertisement may cause great hardship to the candidates looking for employment. “But at the same time, it cannot be ignored that in case the selection process initiated in disregard of the service rules is allowed to attain finality, the same shall perpetuate the illegality,” it said.
The court found that selection criteria specified in the advertisement granting weightage of 5 marks for higher educational qualification was inherently flawed. The selection had to be made on the basis of recommendations by education recruitment board, Punjab; but it is being carried out by the recruitment directorate without any lawful authority, making the whole exercise patently illegal. The court further found that the board has not been constituted in terms of rules and rather the director (recruitment) has been made the final authority for making recommendations without there being any competency to that effect under service rules.