"Absolutely Insensitive": Punjab & Haryana HC Directs Declaration Of Teacher Eligibility Test Result Which Was Cancelled Due To Failure In Biometric Verification
The Punjab & Haryana High Court directed the declaration of exam results previously cancelled due to biometric verification failure while observing that the cancellation drastically affected the candidate's career.
The Court imposed costs of Rs. 1 lakh on the Board for cancelling the petitioner’s result in the 2019 Haryana Teacher Eligibility Test (HTET) PGT Level-3, Physical Education, which drastically affected his career since the result was a pre-requisite for applying for the post of teachers. The Bench noted that the Board’s conduct was “absolutely insensitive” and “highly deprecated.”
A Single Bench of Justice Jasgurpreet Singh Puri observed, “The net result of the aforesaid discussion is that the petitioner took the exam on 16.11.2019 and his result has been cancelled and due to cancellation of his result his career has been drastically effected because the aforesaid examination which is pre-requisite for applying for the post of teachers to which he could not apply because of the aforesaid reason. This Court is of the considered view that the approach of the respondentBoard is absolutely insensitive and is highly deprecated.”
Advocate Sahir Singh Virk appeared for the petitioner, while DAG Kapil Bansal represented the respondents.
The petition was filed under Article 226 of the Constitution, wherein the petitioner challenged the HTET result cancellation due to his inability to provide biometric verification because of an allergic/fungal infection.
The Bench noted that the petitioner appeared for the Haryana Teacher Eligibility Test in PGT (Physical Education) Level -3. Since the petitioner was having an allergic/fungal infection on the fingers, his biometric fingerprints could not be taken before verification.
The biometric scanning of the fingers of the petitioner was mismatched and due to the mismatching of the fingerprint, the official/officer(s) stopped the petitioner from appearing in the exam. However, upon request, he was allowed to sit for the exam after showing other identity proofs and documents and explaining about the fungal/allergic infection.
The High Court noted, “It is very strange that the petitioner could not give biometric because of the aforesaid reason which is not denied by the respondents and then his result has been cancelled on the ground that there was a failure in the biometric by the petitioner.”
Consequently, the Court held, “Considering the aforesaid insensitive attitude of the respondent-Board which had an effect of wasting five years of the petitioner, it will be just and proper to impose exemplary costs upon the respondent-Board which are assessed as Rs.1,00,000/- (rupees one lac only) which shall be paid by the respondent-Board to the petitioner within a period of two months from today.”
Cause Title: Harjeet Singh v. State of Haryana & Ors.
Appearance:
Petitioner: Advocate Sahir Singh Virk
Respondents: DAG Kapil Bansal; Advocate K.K. Gupta
