Punjab-Haryana High Court
Shakuntala vs State Of Haryana & Ors on 12 August, 2013
Bench: Surya Kant, Surinder Gupta
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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LPA No.2205 of 2012 (O&M)
Date of Decision: 12.08.2013
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Shakuntala . . . . Appellant
VS.
State of Haryana & Ors. . . . . Respondents
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CORAM : HON'BLE MR.JUSTICE SURYA
SURYA KANT
HON'BLE MR.JUSTICE SURINDER GUPTA
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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?
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Present: Mr. Umesh Narang, Advocate for the appellant
Mr. Baldev Singh Bardhan, Addl. AG Haryana
Mr. Vivek Khatri, Advocate for respondent No.4
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SURYA KANT J. (ORAL)
(1). This Letters Patent Appeal impugns the order dated 18.10.2012 whereby learned Single Judge has dismissed the appellant's writ petition challenging the order of termination of her services.
(2). The appellant was appointed as JBT in respondent No.4- school on the basis of Degree of Bachelor of Arts obtained by her from JRN Rajasthan Vidyapeeth University. Respondent No.4 receives Grant-in-Aid from the State. As the appointment was not approved by the Education Department, her services were terminated. (3). The appellant's appointment was disapproved by the Education Department on the ground that JRN Rajasthan Vidyapeeth University is not a recognized university/institution to confer the 'degree' relied upon by the appellant. Learned Single Vishal V 2013.08.29 17:44 I attest to the accuracy and integrity of this document LPA No.2205 of 2012 -2- Judge has also observed that the above-named institution is not recognized.
(4). Along with the appeal, the appellant has placed on record two documents i.e. List of Universities/institutions approved by Distance Education Council constituted by Indira Gandhi National Open University (IGNOU) (Annexure A-1).
(5). The Kurukshetra University vide memo dated 29.01.2010 (Annexure P4) informed the appellant that her qualification can be treated as recognized "subject to approval of Distance Education Council, IGNOU, New Delhi". The appellant has also placed on record a Division Bench decision dated 01.11.2006 in CWP No.12161 of 2006 (Manoj Kumar & Ors. vs. State of Haryana & Ors.) (Annexure A2) where the training course of 18 months conferred by JRN Rajasthan Vidyapeeth University was declared as a valid diploma course on the premise that the said University is a 'deemed university'. Since the List (Annexure A1) and/or the Division Bench decision in Manoj Kumar's case (supra) (Annexure A2) were not produced before the learned Single Judge, it appears to us that the case requires re-consideration.
(6). Consequently the appeal is allowed; the order dated 18.10.2012 is set aside and the matter is remitted to the learned Single Judge for fresh adjudication in the light of documents/orders placed on record by the appellant.
Vishal V 2013.08.29 17:44 I attest to the accuracy and integrity of this document LPA No.2205 of 2012 -3- (7). Parties are directed to appear before the learned Single Judge on 02.09.2013, as per roster.
(8). Ordered accordingly. Dasti.
(Surya Kant)
Judge
12.08.2013
12.08.2013 (Surinder Gupta)
vishal shonkar
Judge
Vishal V
2013.08.29 17:44
I attest to the accuracy and
integrity of this document