I N THE HI GH COURT OF PUNJAB AND HARYANA v. St at e ofHaryanaand ot hers

The pet it ionersin all t hese cases were of privat eaided inst it ut ions These inst it ut ions have been est ablished by t he Societ iesand are beingrun by t he Managing societ ies Pet it ioner nam elyDrAnand SinghMalik Bodies of was workingas Lect urer and has been t erm inat edvide order dat ed 133008 lnnexure P 13 His revlSlOI l pet it ionagainstt he order of t erm inat ion st andsrej ect ed by t he Com m issioner Educat ion vide his order dat ed 19102008 Pe159 Sim ilarlypet it ionerDr Surinder Kum ar Malik was workingas Principalin t he nolCollege and was placedunder vide order dat ed 832008 P19 and has been t erm inat edfrom service vide order dat ed 2212010 64nnexureR112 not challengedlPet it ioner Drrishna was also workingas Principalin t he aided collegenam elyMaharani Kishori Jat Kanya She was placedunder vide order dat ed 832008 Annexure P Disciplinary have been init iat ed in t m 0 0 I C5 I Z n Z m 7 Z G respectof Chaudharyby 1SSUlng She has t he chargesheetenquiryreportand t he show cause not ice All t he pet it ionershave also challengedt he approvalgrant edby t he Governm entfor disciplinaryact ion againstt hem Parkash Om 2014.03.22 10: 22 True Scanned Copy Of Original PHHC,Chandigarh writ oet it ionon t he groundt hat t he pet it ionershave efficacious rem edyof in t heir replyhaveobj ect edt o t he oft he JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 467 11 44 4 CWP NoO107 of2009 et c 3 filingappealin Vlew ofHonble Suprem eCourt in t he case of TMA Pai Foundat ion and ot hers vs St at eof Kam at aka 62002 SCC 4819and t he not ificat ion dat ed 82005 issued by t he Haryana Governm ent Technical Educat ion appellat e forum s I n TMA Pai Foundat ion 6supralHonble Suprem eCourt while dealingwit h t he right sof t he t eachersand ot her of t he privat e inst it ut ionsm ade followingobservat ionsl t he case 641n educat ional inst it ut ions however we a t he opiniont hat requiringa t eacher or a m em ber of t he st aff t o go t o a civil COUrt for t he purpose of seekingredress 1S not t he int erest of generaIeducat ion Disput es bet ween t he m anagem entand t he st aff of educat ional inst it ut ions m ust be decided speedily and wit hout t he excessive incurringof cost s I t t herefore t hat Educat ional Tribunal be set up in each Dist rict in a St at e t o enable aggrievedt eachers t o file an appeal unless t here alreadyexist s such an educat ional Tribunal in a St at e t he obj ectbeing t hat t he t eacher should not suffer t hrought he subst ant ialcost s t hat arise because of t he locat ion t he Tribuna if t he t ribunals are lim it ed in 1 0 0 I C5 I Z Z ClO 7 Z Qm e4 Parkash Om 2014.03.22 10: 22 True Scanned Copy Of Original PHHC,Chandigarh num ber t hey can hold circuit lcam psit t ings111 different dist rict s t o achieve t his obj ect iveTill a JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 468 1 7 6 CWP Noe7107of2009 et ce 4 specializedt ribunal is set up t he rightof 61ingt he appealwould lie before t he Dist rict Judgeor Addit ional Dist rict Judge as not ified by t he Governm ent I t will not be necessary for t he inst lt ut ion t o get pnor perm ission or ex post 0 of a aut horit ywhiie t aking disciplinaryact lOll againsta t eacher or any ot her The St at e Governm ent shall det erm ine I n consult at ionwit h t he High Court t he j udicial forum in which an t eacher can Ole an appealagainstt he decision of t he m anagem ent concernm g act ion or t erm inat ion of service St at e of Haryanahas issued not iflcat ion dat ed 82005 a of t he direct ions issued in t he case of TMA Pai Foundat ion The relevant not ificat ion readsas underl I n pursuance t o t he j udgm entdat ed 301 02002 of t he Honble Suprem eCourt of I ndia in TMA Pai Foundat ion and ot hers vs St at e of Karnat ka 62002681SCC 4819 wherein t he Honble Court has observed t hat for t he r 0 0 I C5 I Z I Z a Z 44nneeeevee redressal of of aidedlunaided t echnicalinst it ut ionswho are subj ect edt o t erm inat ion of services a m echanism will have t o be evolvedby t ribunals The right of filingappealswould lie before t he dist rict and sessions Parkash Om 2014.03.22 10: 22 True Scanned Copy Of Original PHHC,Chandigarh j udgeor addit ional dist rict and session j udgest ill JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and t he integrity of this document 469 1 CWP Noe7107of2009 et ce 5 t ribunalsare set up l I t is not ified t hatt he Dist rict and Session Judgesln t he St at e of Haryanahave been aut horized t o hear t he t he of aidedlunaided t echnical inst it ut lonsagainstdecision of m anagem entwit hin t heir by t he Honble Punj ab c HaryanaHigh Court vide N023414 GazI I I XC1 1 dat ed 1082005 Learnedcounsel for t he pet it ionershowever opposedt he cont ent ion in t his regardWhile refeningt o t he of t he leam ed counsel for Govem m entnot ificat ion it is arguedt hat t hese forum s have been creat ed only in respectof of aidedlunaidedTechnical I nst it ut ions whereast he pet it ionersin t hese pet it ionsare not t echnical inst it ut lons Theywere workingas t eachers and t he inst it ut ions are nol t echnical To m eett his pleaMr Pat walia learned counsel has referred t o a Division oft his Court in t he case of Sm t Sum an Kaila VS St at e ofHarvana and ot hers CWP No8528 of2006 decided on 2472007 wherein t his very not ificat ion was up as a defence againstt he oft he writ pet it ionI n t heaforesaid case also t he pet it ioners of educat ional inst it ut ions The Honble Division Bench t he fact t hat t he not ificat ion cont ainsreferenceonlyt o t echnical i 0 0 I C5 I Z C I Z Z Qm inst it ut ions observed as under 44 Aller hearingt he counsel for t he pet it ionerwe are of t he opiniont hat t he direct ions of Honble Court in TMA Pai Foundat ion and ot hers Parkash Om 2014.03.22 10: 22 True Scanned Copy Of Original PHHC,Chandigarh Vs St at e of Karnat akas case ipra were t hat Educat ional Tribunal be const it ut ed in each JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 470 1 7 1 CWP Noe7107of2009 et c 5 C 7 6 Dist rict t o rederesst he grievancesof t he t echnical as well non4echnical st aff Hence t he aforem ent ionednot ificat ion would be applicablet o t he non4echnical inst it ut ions also However we direct t he t o bring out a for bringingt he nonm t echnical inst it ut ions also wit hin t he am bit of 0 0 I C0 I Z r I t 0 Z CO 4 7 Z 440 not ificat ion dat ed 8005 t hat any appeal t he order of m anagem ent sof non4echnical inst it ut ionsm ay also be filed beforet he concerned Dist rict and Sessions Judget ill such t im e an Educat ionalTribunal is const it ut ed Direct ions are also issuedt o t he t o const t t ut e a Educat ionalTribunal in t erm s of t he 111 TMA Pai Foundat ion and ot hers case This j udgm enthas at t ainedfinalit yThus ln view of t he direct ions of t he Division Bench of t his Court which creat e a bindingprecedentt he have rem edyof filing appealbefore t he concem ed Dist rict 8i Sessions Dist rict and Sessions Judgeunder whose t he are sit uat ed Pet it ionershave raised vanous ot herissues relat ingt o violat ion of of nat uralj ust iceSince t he St at eGovem m ent has alreadycreat ed forum s for redressalof such and Honble Division Bench has considered t his quest ionit would not be for t his Coun t o go int o ot her aspect s These pet it ionsare dism issedwit h t he Forum 6s9const it ut edby JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document Parkash Om 2014.03.22 10: 22 True Scanned Copy Of Original PHHC,Chandigarh libert yt o t he pet it ionerst o 471 CWP 0 1 Noe7107of2009 et ce 7 not ificat iondat ed 82005 in pursuanceoft he direct ionsoft his Coun dat ed 2432007 in CWP No8528 of 2006 The not ificat ions do not provideany and t hus t he lim it at ion will not com e in t he way oft he Even if by any not ificat ion any periodof lim it at ion has been prescribedt he sam e shall st and condoned in view of t he pendencyof t he writ pet it ionsThe pet it ionersare allowed four weeks t o file appealsbefore t he com pet entappellat eforum 6sl Copyoft his order be pI acedon record ofeach concernedOle 1 4 PERMOD KOHLI I JUDGE 04e 2011 MFK Not elWhet her t o be report edor not YES e 0 0 I C5 I Z I r Qo 1 7 Z 1 Parkash Om 2014.03.22 10: 22 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document