Ekta Yadav v. State Of Haryana And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 26.05.2025 Ekta Yadav

...Petitioner(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. R.K. Malik, Senior Advocate with Mr. Anshul Labana Advocate for the petitioner Mr. Harish Rathee, Senior Deputy Advocate General, Haryana TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed seeking a writ of certiorari quashing the order dated 08/21.05.2025, Annexure P-9, whereby the petitioner's service as Trained Graduate Teacher (TGT) Science has been terminated, since recommendation of her candidature against roll no.2231100086, merit no.152, has been withdrawn by the respondent Commission vide letter dated 07.04.2025.

2.

Learned senior counsel contends that the petitioner was selected for the aforementioned post in response to advertisement 02/2023, dated 21.02.2023. She was found to be fulfilling the requisite qualifications and offered the appointment; pursuant thereto she joined service on 17.08.2024. About a year after joining, she received a letter dated 02.05.2025, Annexure P-5, informing that recommendation of her selection as TGT Science had been withdrawn by the Commission vide letter dated 07.04.2025 due to her not

-2possessing the mandatory qualification, Bachelor of Science (B.Sc.), as per report of the subject experts of Kurukshetra University. Accordingly, she was considered ineligible for the post of TGT Science. The petitioner at the time of personal hearing submitted a detailed representation, dated 08.05.2025, Annexure P-6, explaining that she has passed five-year integrated Master in Science (M.Sc.) Physics course from the Central University of Rajasthan, which holds category number one status of the University Grants Commission. This five-year course includes three-year B.Sc. degree programme and twoyear M.Sc. programme, with an exit option after three years, upon which B.Sc. degree is awarded to the students.

However, the petitioner completed the integrated course by clearing all ten semesters, as established by the detailed marks list appended as Annexure P-1. She has also been issued letters, dated 06.05.2025, Annexures P-7 & P-8, by the concerned University certifying that she completed three-year B.Sc. programme in Physics alongwith Chemistry and Mathematics. Accordingly, the requisite qualification has been met, and there was no valid reason for withdrawing her recommendation for selection. 3.

Learned State counsel, appearing on advance notice, contends that the petition itself is not maintainable as the petitioner has not challenged the letter dated 07.04.2025, whereby her candidature stands withdrawn by the Commission. He, however, is not in a position to dispute that the said letter has never been conveyed to the petitioner.

4.

A perusal of the impugned order dated 08/21.05.2025 makes it apparent that none of the points raised by the petitioner before the respondents has been considered, nor has any of the documents appended along with the representation as mentioned hereinbefore, been referred to. No reasons are forthcoming as to why the integrated M.Sc., which includes three-year degree

-3course of B.Sc. as well, has not been accepted as a valid qualification. It has also not been mentioned why the experts did not accept the degree as the requisite qualification. This violates the fundamental Principles of Natural Justice.

5.

The impugned order is, therefore, set aside directing the respondents to take the petitioner back in service. They are at liberty to pass a fresh reasoned order after furnishing the petitioner a copy of the letter dated 07.04.2025 issued by the Commission, along with the experts' report, affording her opportunity of hearing and taking into consideration all relevant facts, in accordance with law.

6.

In view thereof, the petition stands disposed of. (TRIBHUVAN DAHIYA) JUDGE 26.05.2025 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No