Punjab-Haryana High Court
Governing Body/ Managing Committee And ... vs Punjab School Education Board And ... on 8 July, 2013
Bench: Surya Kant, Surinder Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No. 1172 of 2013 (O&M)
Date of Decision: July 08, 2013
Governing Body/ Managing Committee and another
...Appellants
Versus
Punjab School Education Board and others
...Respondents
CORAM: HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE SURINDER GUPTA
Present: - Mr. S.S. Sodhi, Advocate
for the appellants.
1 To be referred to the Reporters or not?
2 Whether the Judgment should be reported in the Digest
SURYA KANT, J (Oral)
(1) This Letters Patent Appeal impugns the order dated 24.05.2013 whereby learned Single Judge has allowed the respondents' writ petition No. 7421 of 2010 on the basis of another Single Bench decision dated 27.11.2012 passed in CWP No. 5471 of 2012 titled as 'Sandesh Kumar v. State of Punjab and others' holding that the Educational Tribunal, Punjab has got jurisdiction to decide the 'service dispute' of an employee of the unaided Privately Managed Recognized Schools/ Colleges also. (2) We find that writ petitioner in CWP No. 5471 of 2012 (Sandesh Kumar) preferred LPA No. 53 of 2013, as according to him, his case was erroneously relegated to the Educational Tribunal and the same ought to have been decided by the learned Single Judge on merits. The Division Bench rejected his contention and held as follows:-
Deepak Kumar 2013.08.07 15:52 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh LPA No. 1172 of 2013 (O&M) -2- "It was the submission of the learned counsel for the appellant that since there is no order passed by the Director, there was no occasion for the appellant to challenge that order. This contention would have some force if there was no other provisions conferring the jurisdiction upon the Tribunal. However, we find that sub- section 12 of Section 7-A of the said Act stipulates the matter which could be dealt with and over which the Education Tribunal have the jurisdiction. It reads as under:-
"7-A. Educational Tribunal-
(1) to (11) xxx xxx xxx xxx (12) The Educational Tribunal shall have jurisdiction to hear all cases of dispute between the `Managing Committees' and the `employee', as defined in this Act, and the Punjab Privately Managed Recognized Schools Employees (Security of Service) Act, 1979."
As per the aforesaid provisions, the Tribunal can hear all cases of disputes that would arise between the Managing Committee and the employee. The contention of the appellant that before dismissing the services of the appellant herein, the respondents did not seek approval of the Director, can always be looked into by the Education Tribunal. We are, thus, of the opinion that the order of the learned Single Judge is without any blemish. This appeal is accordingly dismissed." Deepak Kumar 2013.08.07 15:52 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh LPA No. 1172 of 2013 (O&M) -3- (3) The genesis of establishing Educational Tribunals originated from the Hon'ble Supreme Court dictum in TMA PAI Foundation and others vs. State of Karnataka and others (2008) 8 SCC 481. Since the State of Punjab also did not establish the Educational Tribunal for a long period that its inaction prompted this Court in CWP No. 22300 of 2012 (Chamkaur Singh v. State of Punjab and others) to issue the following interim directions on 28.1.2013:-
"The grievance made int his petition is that the employees of the unaided/affiliated colleges have not been provided remedy of appeal before the Educational Tribunal constituted under the Punjab Affiliated Colleges (Security of Service) Amendment Act, 2007. It is the submission of the petitioner that the judgment of Supreme Court in TMA PAI Foundation and others vs. State of Karnataka and others (2008) 8 SCC 481 is not being followed in letter and spirit. This is the short question on which notice of motion was issued on 8.11.2013. However, till date, no reply is filed by the respondent-State. Learned Addl. A.G. Punjab submits that some time be given to him to seek instructions as to whether the respondents would be willing to make suitable amendment(s) in the legislation."
(4) It was thereafter that an amendment was carried out in the Punjab Affiliated Colleges (Security of Service of Employees) Act, 1974 (for short, "the Act"), whereby Section 7-A of the Act was decided to be suitably amended and statement to this effect was made before this Court on 22.5.2013 in the above mentioned case, which reads as under :-
Deepak Kumar 2013.08.07 15:52 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh LPA No. 1172 of 2013 (O&M) -4- "In deference thereto, it is stated by learned State counsel that a decision in principle to carry out suitable amendment in the statute has been taken whereby the teachers/employees working against un-aided posts shall also have an appellate avenue before the Educational Tribunal"
(5) Section 7-A of the Act, as emended by the State of Punjab, reads as follows :-
7-A Educational Tribunal: (1) The State Government may, by notification, in the official Gazette, constitute one or more Educational Tribunal for such area or areas, as may be specified in such notification.
(2) Each Educational Tribunal shall consist of a Chairman and two members, out of whom, one shall be from amongst the persons, who have administrative background and the others from amongst the person, who have academic background. (3) The chairman and the member of an Educational Tribunal, shall be appointed by the State Government in consultation with the Chief Justice of the Punjab and Haryana High Court.
(4) to (11) xx xx xx (12) The Educational Tribunal shall have jurisdiction to hear all cases of dispute between the 'Managing Committees' and the 'employee', as defined in this Act, and the Punjab Privately Managed Recognized Schools Employees (Security of Service) Act, 1979." (Emphasis applied) Deepak Kumar 2013.08.07 15:52 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh LPA No. 1172 of 2013 (O&M) -5- (6) The jurisdictional scope of the 'Educational Tribunal' constituted under Section 7-A (12) of the Act can be well appreciated with the aid of following definitions contained in Section 2 (a), (aa), (c), (d) and
(e) of the Act:-
"2(a) "affiliated college" means a college associated with and admitted to the privileges of University constituted or established under any law for the time being in force but does not include a Government college or college established or maintained by such a University.
(aa) "aided post" means an aided post on the establishment of an affiliated college against which such a college gets grant-in-
aid from the State Government from time to time.
(b) xx xx xx
(c) "Educational Tribunal" means a Tribunal, constituted under Section 7-A of this Act, which shall hear and decide the cases of disputes between the "Management Committee" and the "employees", as defined in this Act and the Punjab Privately Managed Recognized Schools Employees (Security of Service) Act, 1979;
(d) "Managing Committee" means the Managing Committee of an affiliated College and includes a person or body of persons for the time being entrusted with the management of the affairs of an affiliated college;
(e) "employee" means a person in the employment of an affiliated College but does not include a work-charged Deepak Kumar 2013.08.07 15:52 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh LPA No. 1172 of 2013 (O&M) -6- employee; and" (Emphasis applied) (7) It may be seen from the conjoint reading of above reproduced provisions of the Act that an un-aided private college also falls within the definition of "affiliated college" and the Educational Tribunal has got jurisdiction to decide the cases of disputes between the "Managing Committee" and the "Employees" of "affiliated colleges" as defined under the Act. The plain reading of Section 2 (d) and Section 2(e) leaves no room for any ambiguity that the Managing Committee of every affiliated college (which includes un-aided college also) falls within the ambit of Section 2
(c) and so is the situation in the case of an "employee" who is also required to be employed in an 'affiliated college' (not necessarily a Government aided college).
(8) The legislative policy behind amended provisions thus undisputably intends to provide a platform for the redressal of grievance even to an employee of an un-aided but affiliated college and they too have been brought within the jurisdiction of the Educational Tribunal. (9) Thus, the expression "all cases of disputes" contained in Section 7-A (12) of the Act is wide enough to encompass within its ambit the disputes between the employees of "un-aided institutions" and their "Managing Committee" also. The distinction between the Government aided Privately Managed Recognized Schools/ Colleges or un-aided Privately Managed Recognized Schools/Colleges may have some relevance or bearing on the nature of relief may be granted by the Tribunal in a given case. It is not true that the employee of un-aided Privately Managed Recognized Schools/Colleges is remediless and cannot ventilate his Deepak Kumar 2013.08.07 15:52 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh LPA No. 1172 of 2013 (O&M) -7- grievance before the Educational Tribunal, more so when the appellant has not been able to point out any express bar against the exercise of jurisdiction by the Educational Tribunal in such like matters. (10) For the reasons aforementioned, the appeal fails and the same is dismissed.
(SURYA KANT)
JUDGE
08.07.2013 (SURINDER GUPTA)
Atul/deepak JDUGE
Deepak Kumar
2013.08.07 15:52
I attest to the accuracy and integrity
of this document which has been
signed by the Hon'ble Bench
High Court, Chandigarh