Dr Ramphal Shastri v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 118 Civil Writ Petition No.16701 of 2024 Date of Decision: July 22, 2024 Dr. Ramphal Shastri ..... PETITIONER(S)

VERSUS

State of Haryana & others ..... RESPONDENT(S)

CORAM:

HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA PRESENT: - Mr. Kuldeep Khandelwal, Advocate, for the petitioner. Mr. R.S. Budhwar, Additional Advocate General, Haryana.

Tribhuvan Dahiya, J (Oral) The petition has been filed, inter alia, seeking a writ of certiorari quashing the order, dated 22.05.2024, Annexure P-12, passed by the second respondent whereby the petitioner's claim for State Teacher Award-2018 has been rejected.

2.

The petitioner earlier approached this Court seeking a writ of certiorari quashing inquiry report, dated 10.08.2023, submitted by the Committee awarding 48 marks to the petitioner for the State Award. The petition was disposed of by this Court vide order dated 21.09.2023, Annexure P-9, directing the second respondent to consider and decide the petitioner's pending representation.

3.

Pursuant thereto, the impugned order, dated 22.05.2024, has been passed after affording opportunity of personal hearing to the petitioner on 13.03.2024. Considering his case, the second respondent directed the Committee members to review the case for State Teacher Award-2018. The

CWP No.16701 of 2024 [2] Committee examined all the documents as well as petitioner's representation to the Chairman of the Committee, dated 29.03.2024, and re-assessed the marks as per criteria. The relevant facts to that effect recorded in the impugned order are as under:

As per the criteria fixed for State Teacher Award-2018, a teacher who scores minimum 50 marks was eligible for State Award. The present Committee after examining the representation of the petitioner dated 16.10.2023, has re-examined the case of the petitioner and the petitioner was granted additional 09 marks under the criteria No.1(d), 2-A (iii) & (iv) and 2-B (iii) & (iv), which increase his marks from 48 to 57. The petitioner has not taught any class in the academic session 2013-14 and 2017-18. Further, most of the examination results of the students taught by the petitioner are not verified by the Principal concerned.

Whereas, on re-examination of the case of Dr. Murli Dhar Dwivedi, PGT Sanskrit (State Awardee-2018), it was found that he was not awarded marks by the then State Level Selection Committee under the Criteria No.2-A (iii) & (iv) and 2-B (iii) & (iv). As per the Criteria adopted by the Committee, for re-examination of the case of the petitioner, Dr. Murli Dhar Dwivedi, PGT Sanskrit (State Awardee-2018) is eligible for additional 11.5 marks under the criteria No.2-A (iii) & (iv), 2-B (iii) & (iv) and 5, which makes the total 63.5 marks.

4.

On this re-examination, the petitioner scored 57 marks, and the fourth respondent, 63.5. Accordingly, the claim was rejected holding that the State Teacher Award was rightly given to the fourth respondent. 5.

Learned counsel for the petitioner contends that the respondents have not followed the criteria correctly in calculating score for

CWP No.16701 of 2024 [3] 'Non-Board result for the last five years'. Besides, the petitioner was not afforded the opportunity of hearing to explain his case. 6.

It is apparent on record that the re-consideration for award of marks has been done by the Committee on the basis of laid down criteria. There is no mala fide alleged, nor any material irregularity or illegality could be pointed out by the learned counsel. It is also recorded in the impugned order that the petitioner was afforded personal hearing by the second respondent on 13.03.2024, and his representation was duly considered. 7.

In view thereof, there is no ground to entertain the petition. 8.

Dismissed in limine.

(Tribhuvan Dahiya) Judge July 22, 2024 avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No