Didar Singh & Ors. v. State of Punjab & Ors.

HON’BLE MR.JUSTICE SURYA KANT

1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. R.K. Chopra, Senior Advocate with Mr. Amit Chopra, Advocate for the petitioner **** Mr. B.S. Chahal, DAG Punjab Mr. Rajinder Sharma, Advocate for respondent No.3 ***** SURYA KANT J. (ORAL) (1). This order shall dispose of CWPs No. 13897, 15688, 15169, 19547, 18976 of 2008 as common questions of law and facts and are involved in all these cases. (2). The petitioners seek quashing of the orders like dated 30.07.2008, whereby, their services as Elementary Teachers Training (ETT) are sought to be terminated. (3). Shorn of the details, suffice it to observe that pursuant to an advertisement dated 04.03.2006 (Annexure P4), the petitioners applied for the posts of ETT teachers. CWP No.13897 of 2008.doc - 3 – (4). Rule 10 of the Punjab Panchayati Raj Primary Teachers (Recruitment and Conditions of Service) Rules, 2006 (hereinafter referred to as ‘the Rules’) prescribes the following qualifications for the post of Elementary Teachers Training (ETT):- “10. Qualifications – (1) No person shall be appointed to the Service, unless he, - (a) possesses a Diploma in Elementary Teachers Training Course (hereinafter called the E.T.T.) recognized by the School Education Board of any State Government or the Central Government or a certificate of an equivalent course from the Defence Services of the Union of India; (b) is a domicile of the State of Punjab or Union Territory of Chandigarh; (c) obtains a minimum score of 100, as per the criteria laid down in the example given in sub-rule (3) of rule 11 of these rules. (2) In case of non-availability of E.T.T. candidates, the candidates having B.A./B.Sc./B.Com. and B.Ed. qualifications from a recognized university or institution will be considered for appointment to the Service. However, such candidates shall have to undergo orientation training of six months within a period of five years from the date of joining the Service. (3) No person shall be appointed to any post in the Service by direct recruitment unless he possesses a certificate of having passed Punjabi language in Matriculation Examination.” (5). The short issue involved in these petitions is as to whether the petitioners who are said to have passed out the Elementary Teachers Training Course from the Institute(s) located at Lucknow CWP No.13897 of 2008.doc - 4 – (UP) allegedly recognized by the Central Government as well as the Government of Uttar Pradesh, are eligible for appointment under the Rules ibid? Relying upon the Diploma certificate like dated 24.02.2007 (Annexure P9), the petitioners were appointed as ETT Teachers on provisional basis. However, upon verification done by an officer of the Zila Parishad, the Institute from where the petitioners claim to have passed out their Elementary Teachers Training Course was found non-existent. On the basis of that report, the impugned orders dated

30.07.2008 (Annexure P15) proposing to terminate the petitioners’ services have been passed. (6). The petitioners aver that the Institute, namely, the Nehru National Institute of Technology & Management, Lucknow is very much in existence and is duly recognized by the Central Government as well as the State Government of Uttar Pradesh. (7). In the light of the above-mentioned rival stand taken by the parties and keeping in view the fact that the enquiry conducted by the Officer of the Zila Parishad was behind the back of the CWP No.13897 of 2008.doc - 5 – petitioners, I deem it appropriate to dispose of these writ petitions with the following directions:- a) The Zila Parishad, Gurdaspur shall constitute a Committee to be headed by its Chief Executive Officer; b) The Director Punjab Instructions (Elementary Education), Punjab is directed to depute one Officer from the Education Department as a Member of the said Committee. The Committee shall comprise of at least three members including the Chief Executive Officer. c) The Committee shall hold a fact-finding enquiry regarding the genuineness of the Elementary Teachers Training Course said to have been undertaken by the petitioners, in association with the petitioners. Suffice it to observe that the Committee shall issue a Public Notice in this regard and in response thereto the petitioners shall be at liberty to accompany the Members of the Committee to visit Lucknow and/or other places as may be required, to ascertain the genuineness of the said Course. d) The Committee shall be entitled to verify – CWP No.13897 of 2008.doc - 6 – i. Whether any Institute(s) like the Nehru National Institute of Technology & Management does exist or not? ii. Whether or not such Institute(s) is recognized by the Central Government and/or the State Government of Uttar Pradesh? iii. Whether the said Institute maintains record regarding admission/students and classes and hold fair and genuine examinations. iv. Whether any of the petitioners actually completed the Elementary Teachers Training Course after attending regular classes and practical work etc.? (8). After verification if the Committee is satisfied that the petitioners genuinely possess the Elementary Teachers Training Course Diploma from a duly recognized Institute(s) and they have actually undertaken the Course, their claim for reinstatement in service shall be reconsidered within 15 days of the receipt of such report of the Committee. The entire exercise shall be undertaken by the Committee preferably within a period of two months from the date of receipt of CWP No.13897 of 2008.doc - 7 – certified copy of this order. However, the respondents shall not re-instate the petitioners in service till the enquiry is held or any finding is arrived at in their (petitioners’) favour by the Committee. Ordered accordingly. Dasti . (9). (10).

10.02.2010 vishal shonkar (SURYA KANT) JUDGE