Punjab-Haryana High Court
Sunil Kumar And Ors vs State Of Haryana And Ors on 6 July, 2015
Author: Amit Rawal
Bench: Amit Rawal
Civil Writ Petition No.12689 of 2015 {1}
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision: July 06, 2015
Sunil Kumar & others
...Petitioners
Versus
State of Haryana & others
...Respondents
CORAM: HON'BLE MR.JUSTICE AMIT RAWAL, JUDGE
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.Akshay Bhan, Senior Advocate with
Mr.Amandeep Singh Talwar, Advocate.
Mr.S.K.Garg Narwana, Senior Advocate with
Mr.Teevar Sharma Dumerbha, Advocate.
Ms.Anu Chatrath Kapur, Senior Advocate with
Mr.Rakesh Sobti, Advocate &
Ms.Harmanpreet Kaur, Advocate.
Mr.Puneet Bali, Senior Advocate with
Mr.Vibhav Jain, Advocate.
Mr.Girish Agnihotri, Senior Advocate with
Mr.Vijay Pal, Advocate &
Ms.Saroj Malakar, Advocate.
Mr.R.K.Malik, Senior Advocate with
Mr.Tejpal Dhull, Advocate.
Mr.Puneet Gupta, Advocate.
Mr.Jasbir Mor, Advocate.
Mr.Dilbagh Singh, Advocate.
Ms.Shalini Atri, Advocate.
Mr.Vikash Chatrath, Advocate.
Mr.Kunal Malwani, Advocate.
Mr.Jitender Dhanda, Advocate.
Mr.Ravi Verma, Advocate.
Mr.Ashwani Kumar Bura, Advocate.
Mr.Pankaj Bali, Advocate.
Mr.H.S.Oberoi, Advocate.
Mr.Sanjeev Kumar Aaryan, Advocate.
Mr.U.K.Agnihotri, Advocate.
Mr.Raje Ram Kaushik, Advocate.
RAMESH KUMAR
2015.07.10 12:41
I attest to the accuracy and
authenticity of this document
High Court Chandigarh
Civil Writ Petition No.12689 of 2015 {2}
Mr.Mohit Garg, Advocate.
Mr.S.K.Redhu, Advocate.
Mr.Ramesh Hooda, Advocate.
Mr.R.S.Dhull, Advocate.
Mr.Vijay Sharma, Advocate,
for the petitioners.
Mr.B.R.Mahajan, Advocate General, Haryana with
Mr.D.S.Nalwa, Addl.Advocate General, Haryana &
Mr.Hitesh Pandit, Addl.Advocate General, Haryana,
for the State.
Mr.Sanjay Kaushal, Senior Advocate with
Mr.A.P.Setia, Advocate.
Mr.Jagbir Malik, Advocate.
Mr.Sajjan S. Malik, Advocate,
for the applicants.
*****
AMIT RAWAL, J.
This order of mine shall dispose of Civil Writ Petitions No.12689 of 2015 (Sunil Kumar & others Versus State of Haryana & others), 15139 of 2013 (Poonam Rani Versus State of Haryana & others),18100 of 2013 (Anita Ghai Versus State of Haryana & others), 18145 of 2013 (Anju Ratan Versus State of Haryana & others), 514 of 2015 (Virender Singh & others Versus State of Haryana & others), 586 of 2015 (Anil Kumar Versus State of Haryana & others), 601 of 2015 (Rajesh Kumar Versus State of Haryana & others), 887 of 2015 (Sawraj Versus State of Haryana & others), 2562 of 2015 (Lokesh & others Versus State of Haryana & others), 2588 of 2015 (Geeta Punia & others Versus State of Haryana & others), 2589 of 2015 (Balwan Singh & another Versus State of Haryana & others), 2592 of 2015 (Anju Rattan Versus State of Haryana & others), 2773 of 2015 (Subhash Chand & others Versus State of Haryana & others), 2816 of 2015 (Sunita Versus State of Haryana & others), 2850 of RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 {3} 2015 (Prabjot Kaur Versus State of Haryana & others), 2857 of 2015 (Alka & another Versus State of Haryana & others), 2904 of 2015 (Suman Sourabh & others Versus State of Haryana & others), 2917 of 2015 (Geeta Rani & others Versus State of Haryana & others), 2963 of 2015 (Pawan Kumar & others Versus State of Haryana & others), 2968 of 2015 (Seema Devi Versus State of Haryana & others), 3511 of 2015 (Neha Sharma Versus State of Haryana & others), 3608 of 2015 (Satyavir Singh & another Versus State of Haryana & others), 4263 of 2015 (Kanta Devi Versus State of Haryana & others), 4414 of 2015 (Sanju Versus State of Haryana & others), 5277 of 2015 (Suman Lata & another Versus State of Haryana & others), 5400 of 2015 (Sundeep Kumar Versus State of Haryana & others), 5415 of 2015 (Sheela Devi Versus State of Haryana & others), 5707 of 2015 (Ranbir Singh Versus State of Haryana & others), 5725 of 2015 (Rekha Lamba Versus State of Haryana & others), 6493 of 2015 (Raj Kumar & others Versus State of Haryana & others), 6661 of 2015 (Surjit Kamboj Versus State of Haryana & others), 6685 of 2015 (Kailash Chand Versus State of Haryana & others), 6987 of 2015 (Kusum & others Versus State of Haryana & others), 7218 of 2015 (Kanwar Pal Singh Versus State of Haryana & others), 7269 of 2015 (Puneet Versus State of Haryana & others), 7302 of 2015 (Sharmila Chaudhary & others Versus State of Haryana & others), 7320 of 2015 (Vikram Singh & others Versus State of Haryana & others), 7344 of 2015 (Pawan Kumar Versus State of Haryana & others), 7355 of 2015 (Vipin Versus State of Haryana & others), 7363 of 2015 (Gajender Singh Versus State of Haryana & others), 7367 of 2015 (Neelam & others Versus State of Haryana & others), 7369 of 2015 (Dinesh RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 {4} Chander Nain Versus State of Haryana & others), 7390 of 2015 (Vinod Kumar Versus State of Haryana & others), 7392 of 2015 (Phool Singh Versus State of Haryana & others), 7553 of 2015 (Rajender Singyh Versus State of Haryana & others), 7570 of 2015 (Ram Niwas Versus State of Haryana & others), 7795 of 2015 (Monika Gupta Versus State of Haryana & others), 7850 of 2015 (Maya Ram Versus State of Haryana & others), 7899 of 2015 (Reena Bansal Versus State of Haryana & others), 7903 of 2015 (Bhupinder Singh Versus State of Haryana & others), 7934 of 2015 (Santosh Kumari Versus State of Haryana & others), 7946 of 2015 (Suresh Kumar Versus State of Haryana & others), 7952 of 2015 (Sujata & others Versus State of Haryana & others), 7964 of 2015 (Narain Singh & others Versus State of Haryana & others), 7968 of 2015 (Ritu Khera Versus State of Haryana & others), 8012 of 2015 (Nirmla Devi Versus State of Haryana & others), 8015 of 2015 (Sunita Kumari Versus State of Haryana & others), 8035 of 2015 (Ajit Singh Versus State of Haryana & others), 8044 of 2015 (Deepti Versus State of Haryana & others), 8050 of 2015 (Shashi Bala & another Versus State of Haryana & another), 8079 of 2015 (Rekha Rani Versus State of Haryana & others), 8082 of 2015 (Raj Kumar Versus State of Haryana & others), 8118 of 2015 (Prem Lata Versus State of Haryana & others), 8130 of 2015 (Harjeet Kaur Versus State of Haryana & others), 8144 of 2015 (Renu Bansal Versus State of Haryana & others), 8156 of 2015 (Panpori Devi Versus State of Haryana & others), 8158 of 2015 (Rishi Pal Versus State of Haryana & others), 8178 of 2015 (Harpreet Kaur Versus State of Haryana & others), 8194 of 2015 (Ramesh Kumari Versus State of Haryana & others), 8267 of 2015 (Babu Lal Versus State of Haryana & RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 {5} others), 8377 of 2015 (Seth Singh Versus State of Haryana & others), 8435 of 2015 (Alka Rani Versus State of Haryana & others), 8520 of 2015 (Rekha Rani Versus State of Haryana & others), 9230 of 2015 (Shaminder Kaur Versus State of Haryana & others), 10403 of 2015 (Suman Versus State of Haryana & others), 12526 of 2015 (Rohtash Kundu Versus State of Haryana & others), 12589 of 2015 (Sant Kumar & others Versus State of Haryana & others) as the common questions of law and fact is involved in all the aforementioned writ petitions. The facts are being taken from CWP No.12689 of 2015.
Without issuing notice of motion, the Advocate General, Haryana was requested to present in the Court to render assistance. Mr.B.R.Mahajan, learned Advocate General assisted by Mr.D.S.Nalwa, Additional Advocate General, Haryana has also rendered assistance, which has been appreciated by this Court.
Mr.Jagbir Malik, Advocate has also rendered assistance in the aforementioned matters.
This litigation is at the instance of the Guest Faculty Teachers, who have been rendered surplus as they have been teaching the subjects of Social Studies, Mathematics and Hindi. It is difficult to count the round of litigation initiated at their instance. Be that as it may, this Court was flabbergasted to notice that the directions contained in Civil Writ Petition No.6090 of 2010 (Tilak Raj Versus The State of Haryana and others), decided on 31.3.2011 had not been complied by the State of Haryana nor they had come out with any schedule requesting the Haryana Staff Selection Board to initiate the process of recruitment of PGT and TGT Teachers. This RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 {6} fact came to the notice of the Court only when Civil Writ Petition No.2968 of 2015 (Seema Devi Versus State of Haryana & others) at the instance of one Guest Faculty Teacher, who has been teaching the subject of Hindi was filed. This Court was constrained to call upon the State to explain as to why the directions contained in Tilak Raj's case (supra) have not been complied with so far, particularly when from time to time orders have been passed by the Hon'ble Supreme Court and this Court. This Court was compelled to monitor initiation of the process of recruitment of PGT and TGT Teachers. I would be refraining myself to refer the orders passed from time to time, which though are on the record of CWP No.2968 of 2015. Even the Chief Secretary, Haryana and Principal Secretary Education Department, Haryana were also summoned to render assistance to the Court with regard to the compliance of the directions and on their assurance, the process of regular appointments of PGT and TGT Teachers has been initiated. The schedule has been placed on record. But later on through misc. application filed in Seema Devi's case an amended schedule explaining reasons mentioned therein, has been placed on record.
On perusal of the amended final schedule (Annexure A-1) in Civil Misc.Application No.7972 of 2015 in Seema Devi's case, it is borne out that an advertisement dated 28.6.2015 for inviting applications for filling up the posts of TGT and PGT Teachers has been published and the closing date of advertisement is 31.7.2015. However, in the amended schedule, the last date of submission of online application forms has been changed from 31.7.2015 to 24.9.2015. For the purpose of identification of RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 {7} examination centres depending upon the number of applications received category-wise for different subject of PGT and TGT, the examination process has been fixed in the months of October and November of this year. This Court called upon the Advocate General, Haryana for initiation of preliminary process of identification of the examination centres, so it could increase the number of examination rooms depending upon the number of applications received, in order to save time.
Mr.B.R.Mahajan, learned Advocate General, Haryana has assured the Court that the said action in this regard would be initiated.
Reverting back to the challenge qua impugned order dated 11- 15.6.2015 passed by the State of Haryana, in pursuance to the order of this Court dated 29.5.2015, show cause notices were issued to all the School Teachers (surplus), whereby they were called upon to give their reply and on submission thereof, on consideration of the replies, the impugned order, ibid, has been passed. The order dated 29.5.2015 read thus:-
This Court has raised the following questions:-
1) As to what action has been taken against the employees, who have, in pursuance to the notice caused in the Newspaper, not submitted their reply as the advertisement clearly envisages that in case the reply is not filed, the services would be terminated;
2) How much time the State would take in taking action against the surplus Guest Faculty Teachers after receipt of the replies.
Learned Advocate General, Haryana seeks few hours adjournment to apprise this Court.
The matter be listed at 2.00 PM.
Post Lunch Session Mr. B.R, Mahajan, learned Advocate General, Haryana RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 {8} assisted by Mr. D.S.Nalwa, Additional Advocate General Haryana submits that in pursuance to the show cause notice published in the newspapers, 3581 teachers have submitted their replies, whereas, 28 have not submitted any reply viz-a- viz some of them have been relieved or resigned and few of them have expired. He further submits that relieving order viz- a-viz 28 teachers shall be passed on 01.06.2015.
Mr. Jagbir Malik, learned counsel appearing on behalf of the respondents submits that at one point of time, parents had also approached this Court vide CWP No.17253 of 2010 titled as Pardeep Kumar and others vs. State of Haryana and another decided on 20.03.2012 on the premise that in case the services of the guest faculty teachers dispensed with, then the students would suffer. He has placed a copy of order passed in the aforementioned petition to say that the said plea did not find any weightage by the Division Bench of this Court and the Division Bench observed that it was for the State to work out how to tide over the interregnum.
Mr. Sanjay Kaushal, learned Senior counsel assisted by Mr. Arun Shukla, Advocate appearing on behalf of the so- called parents rendered assistance to this Court by explaining the same concern regarding the fate of the children during the interregnum.
Vide order dated 11.05.2015, this Court had taken notice of the statement made by Mr. Mahajan, learned Advocate General Haryana with regard to proposed time schedule causing an advertisement for filling up the posts of PGT/TGT and the same be treated as final schedule and the exercise of recruitment shall be done as per the said schedule, so I do not deem it appropriate to pass any further directions.
Mr. Mahajan, undertakes that as regards the already identified 3581 teachers, who have submitted reply, the action would be taken in accordance with law within a period of 45 RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 {9} days from today.
It is made clear that if the Government does not take any decision within the aforementioned period or deviates from the rules it may not compel the Court to take action in accordance with law.
The State would be at liberty while dispensing with the services of the surplus staff, to ascertain that in case any particular school, there would be requirement of a teacher or it may not entail to closure of a particular school.
Liberty is also granted to the State to seek permission of this Court for further orders.
List on 06.07.2015, for further consideration.
Interim order to continue.
A photocopy of this order be placed on the files of other connected cases."
It would not be out of place to mention here that on 11.5.2015, the Court passed the following order:-
Mr. D.S.Dhesi, Chief Secretary to Government Haryana, is present in the Court.
In pursuance to the directions dated 01.05.2015 issued by this Court, an affidavit dated 10.05.2015 of the Chief Secretary to Government Haryana, has been filed in the Court. The same is taken on record.
Reply to show cause notice by way of affidavit has also been filed in the Court. The same is taken on record.
On instructions from the Chief Secretary to Government of Haryana, Mr. B. R. Mahajan, learned Advocate General, Haryana assisted by Mr. D.S. Nalwa, Additional Advocate General, Haryana apprised the Court that 4073 surplus Guest Faculty Teachers shall be treated as a separate class and accordingly, an action would be taken for dispensing with the services of surplus Guest Faculty Teachers, strictly in RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 { 10 } accordance with law, and as well as per contents of affidavits filed from time to time in the Court, much less, as per the directions contained in the order dated 30.03.2011 passed in Tilak Raj vs.The State of Haryana and others, i.e., CWP No.6090 of 2010. It has further been undertaken that such exercise shall be done within a period of two weeks.
Mr. Mahajan, has also passed on a copy of letter dated 06.05.2015, whereby, the proposed time schedule causing an advertisement for the PGT/TGT has already been fixed. The same is taken on record.
He also submitted that the said schedule shall be treated as final schedule and the Government assured this Court that the exercise of recruitment shall be done as per the aforementioned schedule. It is made clear that before initiating the exercise of dispensing the services of surplus staff, the effected employees shall be given short notice of 24 hours. The State is permitted to serve short/show cause notice through vide publication i.e. by causing advertisement in local, regional and national newspaper.
Post the matter on 27.05.2015.
Interim order to continue.
A photocopy of this order be placed on the files of other connected cases."
The aforementioned order dated 11.5.2015 was challenged by the effected Guest Faculty Teachers vide Letters Patent Appeal No.834 of 2015 and the Hon'ble L.P.A.Bench upheld the said order. The operative part of the same reads thus:-
"[5] Having given our thoughtful consideration to the submissions, we are unable to accept the same. We say so for the reasons that (i) in terms of the directions issued by this Court in Tilak Raj's case (supra), services of Guest Faculty Teachers were required to be dispensed with by 31.03.2012 RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 { 11 } and that order was duly upheld by the Hon'ble Supreme Court. However, the cut off date was extended from time to time for one or the other reason; (ii) the learned Single Judge has found no rhyme or reason for extending such date hitherto as their appears to be lack of bonafide on the part of State authorities in not honouring the previous Court directions which have attained finality, (iii) there appears to be some sort of collusion between Guest Faculty Teachers and the authorities, for the reasons best known to the later, who have been taking one or the other stances, sometimes contradictory also, with a view to retain the Guest Faculty Teachers instead of making regular recruitments, (iv) there are concerted efforts to defy the Court's directions and create a situation where the Court becomes helpless in giving time bound directions. The resultant effect is that from last more than three years the Guest Faculty Teachers, who in total are exceeding 16000 and out of whom 4073 have been identified as surplus, are still retained in service, may be so as to preserve the vote bank or for the reasons other than merit, administrative or public interest.
[6] The State's renewed version that the services of Guest Faculty Teachers who were identified as surplus are also needed, is worth rejection as the authorities have been taking inconsistent and self-contradictory stand with a view to wriggle out the effected directions issued by this Court in Tilak Raj's case (supra). In any case, nothing precludes the appellants or the State Government from making out such a case before the learned Single Judge.
[7] The learned Single Judge appears to be satisfied and so is the impression gathered by this Court that unless the State government is forced to comply with the previous directions, it shall never adhere to any time schedule for regular recruitments as many a times, such type of proposals put up RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 { 12 } before the Court were allowed to lapse, most of the time deliberately.
[8] The State Government, if would honour the time schedule now proposed before the learned Single Judge, needless to say that the appellants or for that matter, other Guest Faculty Teachers would get a fair opportunity to compete for regular appointments. It would, thus, be in the interest of the students community and the appellants that the regular recruitment process is expedited and available vacancies are filled up in accordance with law.
[9] As regard to the differential treatment in the matter of granting time to respond to the show cause notices, we clarify that notwithstanding the orders which may be differently worded, all the Guest Faculty Teachers would be given short notice of 24 hours only in terms of the order dated May 11, 2015 and not beyond that.
[10] For the reasons afore-stated, we are not inclined to interfere with the order passed by learned Single Judge. [11] Dismissed.
[12] Needless to say that the appellants shall be free to avail the liberty granted to them by the learned Single Judge on 25.05.2015 in CWP No.10861 of 2015 (Sunil Kumar and others versus State of Haryana and others or by this Court on 07.05.2015 in LPA No.711 of 2015 (Balwan Singh and others versus State of Haryana and others)."
Learned Counsel for the petitioners have raised the following submissions, whereby the impugned order has been sought to be set-aside:-
a) The petitioners were never put to any order whereby they have been declared as `surplus' and, therefore, they have been denied an opportunity of challenging the alleged branding of `surplus';RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh
Civil Writ Petition No.12689 of 2015 { 13 }
b) No doubt, the order of this Court dated 30.3.2011
rendered in Tilak Raj's case has attained finality upto the Hon'ble Supreme Court, but the fact remains that the Hon'ble Supreme Court in its order dated 30.3.2012 did not clothe State of Haryana to dispense with the services of the Guest Faculty Teachers and rather they have been allowed to continue to serve till the exercise for the appointment of regular Teachers is completed;
c) As per the instructions dated 22.9.2011, certain rationalisation was sought to be made by converting TGT posts to PGT;
d) As per the provisions of the Right to Education Act and latest policy, the student-teacher ratio earlier was 1:50, which is now 1:35;
e) In terms of the policy dated 18.6.2014, a TGT Teacher is required to teach all subjects in independent High School. In essence, they would teach classes from 6th to 10th and accordingly they are teaching classes 6th to 10th, which is in consonance with the policy, but till date it is not being implemented and the Guest Teachers continue to man the majority post and, thus, without the services of the Guest Teachers, it would not be possible to impart education in Government School, therefore, till the regular recruitment is made, the services of the surplus teachers may not be dispensed with;RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh
Civil Writ Petition No.12689 of 2015 { 14 }
f) Learned counsel for the petitioners have submitted, that
the State had filed a misconceived affidavit dated 16.3.2015, wherein it was wrongly stated that the Guest Teachers in the aforementioned subjects are surplus as TGT Posts were converted into PGT posts. The PGT Teachers have been granted relaxation of three years to obtain a degree. There is no rule which permits them to teach classes 6th to 10th without this degree, thus, statement made by the State before the Court branding them as surplus is misconceived as they are not surplus owing to the work load;
g) The career and education of the students at large would be effected. The State has wrongly rendered the petitioners as surplus as the said calculation is based upon the 2012 data;
h) A reference has been made to various certificates issued by the Headmasters of the concerned Schools, wherein it has been mentioned that there is necessity of Guest Teachers. The impugned order, thus, is sketchy and mechanical, much less, not sustainable in the eyes of law.
i) A reference has also been made to the information sought under the Right to Information Act to show that there is a sanctioned strength of Math, Social Science and Hindi Teachers and the entire strength has not been filled and, therefore, the Guest Teachers may be permitted to work.
Mr.Jagbir Malik, Advocate, while rebutting the aforementioned submissions, submitted that the writ petitions deserve to be dismissed as no RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 { 15 } concession is required to be given by the Court and the impugned orders have rightly/earnestly been passed. His submissions are summarised herein below:-
i) As per the advertisement published, the State has not invited the applications for filling up the posts of TGT and PGT Teachers in the subjects of Social Studies, Math and Hindi, thus, the State has rightly declared the Guest Teachers imparting aforementioned subjects as surplus. He has also drawn the attention of this Court to an order dated 14.11.2013 passed in Civil Writ Petition No.24963 of 2013 (Pushpa Devi and others Versus State of Haryana and others), whereby the candidates, who submitted their applications and interviewed, in respect of the process initiated for filling up the regular posts of S.S.Master were kept in the waiting list sought the indulgence of this Court to fill up the posts which have been left vacant and in pursuance of the directions issued in the said writ petition, the State passed the order dated 1.5.2015 stating therein that requisition of 372 posts of S.S. Masters including 151 posts of backlog of SC category was sent to the Haryana Staff Selection Commission and 59 candidates were kept in the waiting list and by taking note of the data found that there were 7245 S.S.Masters/Mistresses surplus and accordingly their representation was rejected and the said order has attained finality;
ii) Since the directions contained in the order dated RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 { 16 } 14.11.2013, ibid, were not complied with, a COCP No.268 of 2014 was filed. In response to notice, the State filed an affidavit, wherein it was stated that the workload of S.S. Masters has decreased and, therefore, there was no net requirement of S.S.Masters as on 10.3.2015 and, therefore, the directions of this Court were complied with;
iii) All the Guest Teachers were appointed through back door and not through the regular process and their appointment was already held to be illegal and invalid in Tilak Raj's case. He has also drawn the attention of this Court to an order dated 30.5.2015 passed by the District Elementary Education Officer, Fatehabad, wherein a chart of sanctioned posts, working personnel and strength of Guest Teachers in the State of Haryana has been extracted, where from it is borne out that there were/are surplus Guest Teachers in respect of S.S.Master, Maths Master and Hindi Teacher. The relevant part of the chart extracted in the aforementioned letter reads thus:-
Sr.No. Subject No.of sanctioned Working Surplus Post Regular Guest Regular Guest 1 S.S.Master 2194 7168 2271 4974 2271 2 Maths Master 2144 3490 1159 1346 1159 3 Hindi Teacher 2121 2847 643 726 643 The aforementioned documents have been passed on to this Court during the course of hearing of the matters and accordingly the aforementioned documents have been marked as mark `X colly' and directed RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 { 17 } to be placed on record at the end of the paper book in CWP No.12526 of 2015.
In essence, Mr.Jagbir Malik argued that even the regular selected candidates in the aforementioned subjects have not been appointed and, therefore, the petitioners cannot seek the protection vis-a-vis their termination and rightly so the State has rendered them as surplus and terminated their services.
Mr.B.R.Mahajan, learned Advocate General, Haryana submits that the State has given them a concession vis-a-vis by relaxing the age by five years, so that all the aforementioned teachers (surplus) are able to submit their applications in pursuance to the advertisement issued. He has further submitted that various advertisements have been issued for filling up the posts of Lecturers in School Cadre, Mandi Supervisor, for filling up posts in Health Department and 946 Junior Engineers and, therefore, the State has sought indulgence of this Court for seeking permission to amend the time schedule as already submitted and noticed in the order dated 11.5.2015 and the Government has also given them remuneration of `1,000/- in order to enable them to undertake the courses, so that they are able to answer the questions in the written test. He has further submitted that since the process of appointment of regular appointees has already been initiated, all the Guest Teachers are eligible to apply and compete in the said examination. He has also submitted that as regards the other Guest Teachers teaching the other subjects other than the S.S.Master, Hindi and Mathematics, their services shall not be dispensed with till the regular appointments are made.
RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh
Civil Writ Petition No.12689 of 2015 { 18 } It would not be out of place to mention here that various other writ petitions had been filed challenging the order of termination, but said writ petitioners have been given an opportunity of hearing and their services have been terminated vide impugned order dated 11-15.6.2015 and, therefore, the findings given in this judgment would have a binding effect as such persons are also similarly placed to the present petitioners.
I have heard the learned counsel for the parties and appraised the paper book.
On perusal of the advertisement dated 28.6.2015 (Annexure A-
6), promulgated by the Haryana State Selection Commission, it is evident that applications for filling up the posts of TGT Science, Physical Education, Urgu, Music, Home Science, TGT Science (MWT), Home Science (MWT) and Physical Education (MWT) have been invited. Thus, it is apparent that there are no such regular sanctioned posts to be filled up in the subjects of Mathematics, Hindi and Social Studies, therefore, the argument of the petitioners that the schools shall be left with no teachers falls flat on the face. Even from the perusal of the details of the sanctioned posts, reproduced above, it is evident that there are surplus teachers not under the category of Guest Faculty, but even under the regular category. Despite the petitioners having been rendered surplus, they have been given a concession in granting relaxation of five years in the age. In my view, such concession here is an act of largesse on behalf of the State keeping in view the fact that the teachers had put in many years of service, so that age bar would not come in their way to submit their applications for regular appointments. Even aid of `1,000/- has also been extended to undergo the RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 { 19 } courses, so that they are eligible to sit in the examination in respect of the subjects for which posts have been advertised. In essence, the present petitioners would not be debarred from submitting the applications in seeking regular appointment. Moreover, the petitioners have not been able to prove that they were appointed through regular process and this fact had already been noted by the Division Bench of this Court in Tilak Raj's case and upheld by the Hon'ble Supreme Court. It is rather strange that the State had not taken steps in filling up the posts despite having submitted a schedule on many occasions before different Courts. Even contempt petition was also filed in the Hon'ble Supreme Court.
It is worthwhile to mention here that when a contempt petition was filed in the Hon'ble Supreme Court, the Director Secondary Education, Haryana passed the order directing all the District Education Officers and District Elementary Education Officers of the State of Haryana to comply with the judgment dated 10.9.2012 and terminate the services of all the Guest Faculty Teachers/Lecturers in compliance of the orders of the Hon'ble Supreme Court passed from time to time, but on 31.10.2014 owing to the reasons best known, the said order dated 30.10.2014 was withdrawn. The Division Bench of this Court in Tilak Raj's case (supra) had already kept in view the due implementation of Right to Education Act on the premise that the number of the students may increase and the eligible persons were prevented from seeking regular appointment. The LPA Bench had already taken care of the fact that the State Government, while adhering to the time schedule, the Guest Teachers would get a fair opportunity to compete for regular appointments, which would be in the interest of the students RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 { 20 } community and the available vacancies would be filled up in accordance with law. The State Government has rather rebutted the argument of the petitioners by stating that none of the schools in State owing to the dispensation of the services of the Guest Faculty Teachers (surplus) has been closed and, therefore, the argument to this extent is not only fallacious, but wholly misconceived. The impugned order clearly depicts that the appointment of all the Guest Faculty Teachers (surplus) was a stop gap arrangement, therefore, it does not confer any right to continue indefinitely. The petitioners cannot be permitted to foist upon the State by seeking intervention of the Court to allow them to continue as Guest Faculty Teachers for imparting education in the subjects of Social Studies Master, Math Master and Hindi Teacher.
Though the LPA Bench has already observed with regard to the lackadaisical approach of the State in initiating the process of regular appointments, but since now the State has already caused a publication and fixed the time schedule in filling up the posts, the contention raised by the petitioners with regard to the ratio and data would have no bearing as they had too late in a day to raise such plea.
The State Government, while undertaking the task of filling up the posts through regular process shall take into consideration the policies dated 19.9.2012 and 18.6.2014, which provide the students-teachers ratio and as well as the ratio under the Right to Education Act.
The certificates issued by various Headmasters of the respective schools, ibid, does not carry any weight as it is an act of obligation.
RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh
Civil Writ Petition No.12689 of 2015 { 21 } At this stage, the Court cannot remain oblivious of the news item published in the Newspaper, i.e., the call given by the Khap Panchayats threatening to hold protest in case the State Government does not recall the termination orders of the surplus Guest Faculty Teachers.
The State Government should not take such threats in a casual manner and should be prepared to nip the proposed protest at initial stage.
The Home Secretary, Haryana and the Director General of Policy, Haryana are directed to take effective and preventive measures to thwart such protest at the behest of the Khap Panchayats in order to prevent damage to the public and private property, much less, lives of innocent persons.
The State Government is further directed to ensure that neither the public nor the private property is damaged and in case no stringent measures are taken, the Court would be constrained to take action in accordance with law against the officers responsible in not discharging their official duties in maintaining the law and order in the State. In case the State feels that there is a threat of Dharnas of large scale protest, as a preventive measure may take steps by resorting to the provisions of Section 144 Cr.P.C.
The State did not keep the statistics vis-a-vis surplus SS Masters close to them but rather brought this fact to the notice of the Court by filing an affidavit in COCP No.268 of 2014 in CWP No.24963 of 2013. It cannot be said that the petitioners did not have the knowledge of the said statistics and, therefore, they were prevented from challenging the same.
In view of what has been observed above, there is no merit in RAMESH KUMAR 2015.07.10 12:41 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.12689 of 2015 { 22 } the writ petitions. The same are accordingly dismissed.
All the connected writ petitions at the instance of the Guest Faculty Teachers, who have been rendered surplus by way of termination orders, are also dismissed.
It has also come to the notice of the Court that some of the writ petitions have been filed jointly by the Guest Faculty Teachers and out of them few have been rendered surplus. In view of the statement made by the learned Advocate General, Haryana, the Guest Faculty Teachers, who have not been rendered surplus, shall continue to work till the process of regular appointment is completed.
However, liberty is granted to the interveners and as well as the petitioners to move appropriate application in case the State deviates from the amended time schedule.
A copy of this order be sent to the Home Secretary, Secretary Education and the Director General of Police, Haryana for compliance.
July 06, 2015 ( AMIT RAWAL )
ramesh JUDGE
RAMESH KUMAR
2015.07.10 12:41
I attest to the accuracy and
authenticity of this document
High Court Chandigarh