Punjab-Haryana High Court
Tarsem Singh & Another vs State Of Punjab And Others on 7 December, 2018
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP-31132-2018 (O&M)
Date of Decision:07.12.2018
Tarsem Singh & another ... Petitioners
Versus
State of Punjab & others ... Respondents
CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
Present:- Mr. Sunny Singla, Advocate for the petitioners.
...
TEJINDER SINGH DHINDSA, J. (ORAL)
The petitioners, who are two in number are undergoing the Diploma in Elementary Education Course.
The instant writ petition has been filed seeking quashing of order dated 01.11.2018 (Annexure P-4) issued by the Secretary, School Education, State of Punjab and in terms of which the teaching practice of the E.T.T. students for session 2017-19 has been fixed from 19.11.2018 to 30.04.2019 i.e. over a period of 117 days.
Counsel would contend that such decision is violative of Articles 14 and 16 of the Constitution of India as prior in point of time such teaching practice was confined to 60 days.
Having heard counsel for the petitioners at length and having perused the case paper book, this Court is of the considered view that no basis for interference is warranted.
Neither has it been pleaded nor is the case of the counsel during the arguments that teaching practice of E.T.T. students over session 2017-19 now fixed for 117 days is in violation of any statutory provision.
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CWP-31132-2018 (O&M) -2-
The impugned order dated 01.11.2018 (Annexure P-4) is not even in derogation of any other executive instructions that may have been issued by the Appropriate Authority under the State Government.
Counsel has also not been able to point out and demonstrate any prejudice that the petitioners have suffered on account of issuance of order dated 01.11.2018 (Annexure P-4). A submission was sought to be raised that by virtue of the impugned order and extension in the teaching practice, the academic year would be interfered with. Even such submission has not been substantiated inasmuch as counsel concedes that the final examinations take place in the month of May of every year whereas even as per the impugned order dated 01.11.2018 (Annexure P-4), the extended teaching practice is to come to an end by 30.04.2019.
The plea of arbitrariness and violation of Articles 14 and 16 of the Constitution of India is also not made out. It is not the case set forth that the petitioners herein have been singled out for some additional teaching practice. The impugned order dated 01.11.2018 (Annexure P-4) would have its applicability across the board throughout the State of Punjab. It is in the nature of a policy decision taken by the State Council of Education, Research and Training, Punjab. This Court in exercise of its extraordinary writ jurisdiction would desist from entering into the arena of the policy decision making at the hands of the Appropriate Authority under the State of Punjab.
No case for interference is made out.
Petition is dismissed.
07.12.2018 (TEJINDER SINGH DHINDSA)
harjeet JUDGE
i) Whether speaking/reasoned? Yes/No
ii) Whether reportable? Yes/No
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