Guest Teachers: Age Relaxation and Weightage

Guest Teachers: Age Relaxation and Weightage

1.      Division Bench of Punjab and Haryana High Court in Ashok Kumar Vs The State of Haryanaand others (Civil Writ Petition No. 13045 of 2009) Date of Decision: 6.4.2010 had held thus:

a.       To deny age relaxation to guest teachers would be unjust.

b.      Grant of exemption from passing the STET and weightage of upto 24 marks (i.e. 24%) towards experience to the guest faculty teachers are not justified. This virtually amounts to regularization of guest faculty teachers in service, which was deprecated and proscribed by the Hon’ble Supreme Court in Secretary, State of Karnataka & others vs. Umadevi & others, (2006), wherein it was held that persons, who got employment without following a regular procedure and at times enter through backdoor are not entitled to get permanence in service.

c.       HOWEVER, IT IS MADE CLEAR THAT IT WILL BE OPEN TO THE STATE TO GRANT REASONABLE WEIGHTAGE TOWARDS EXPERIENCE GAINED BY SERVICE IN GOVERNMENT OR PRIVATE INSTITUTIONS TO ALL THE COMPETING CANDIDATES, AS PER LAW.

2.      Supreme Court in Mahender Kumar & Ors.v. State of Haryana & Ors (Special Leave to Appeal (Civil) No(s).29755/2010), Date of Decision: 21.02. 2012, upheld the above judgment of Punjab and Haryana High Court.

3.      Constitution Bench of the Supreme Court in Secretary, State of Karnataka & others vs. Uma Devi & others [Appeal (civil) 3595-3612 of 1999], Date of Decision 10.4.2006, had inter alia held thus: “when regular recruitment is undertaken, the respondents in C.A. No. 3595-3612 and those in the Commercial Taxes Department similarly situated, will be allowed to compete, WAIVING THE AGE RESTRICTION imposed for the recruitment and GIVING SOME WEIGHTAGE FOR THEIR HAVING BEEN ENGAGED FOR WORK IN THE DEPARTMENT FOR A SIGNIFICANT PERIOD OF TIME”. It was so held by the Supreme Court under Article 142 of the Constitution to do justice to them. The Supreme Court had also directed the  Union of India, the State Governments and their instrumentalities to take steps to regularize as a one time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or of tribunals and further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from the date of judgment.