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[Cites 1, Cited by 3]

Punjab-Haryana High Court

Smt. Harpreet Kaur & Another vs Union Of India & Others on 6 February, 2013

Author: Augustine George Masih

Bench: Augustine George Masih

CWP No. 18633 of 2011                                                 -1-

            IN THE PUNJAB AND HARYANA HIGH COURT
                         AT CHANDIGARH

                            Date of Decision: 06.02.2013

1.                  CWP No. 18633 of 2011



Smt. Harpreet Kaur & another
                                                           .........Petitioners
                               Versus
Union of India & others
                                                        ............ Respondents
                          *****
2.                  CWP No. 19264 of 2011



Parampreet Kaur
                                                            .........Petitioner
                               Versus
Union of India & others
                                                        ............ Respondents
                               *****

CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Present:-     Mr. Vikram Bali, Advocate
              for the petitioners.

              Mr. Inder Pal Goyat, Addl. A.G., Punjab
              for respondents No. 2 to 4.

              Mr. Jagdeep Singh, Advocate for
              Mr. Vinod S. Bhardwaj, Advocate
              for respondent No.5.

              Mr. Ishwar Lal, Advocate
              for respondents No. 6 in CWP No. 18633 of 2011 and
              for respondent No.7 in CWP No. 19264 of 2011.

              Mr. Daman Dhir, Advocate.

                    *****

AUGUSTINE GEORGE MASIH, J.(ORAL)

By this order I propose to dispose of two writ petitions i.e. CWP No. 18633 and 19264 of 2011 as common questions of law and facts CWP No. 18633 of 2011 -2- are involved therein.

Counsel for the petitioners contends that the petitioners have passed the diploma course in Special Education. They are eligible for appointment to the post of ETT Teacher, on the plea that they are more meritorious than the candidates selected and they have a valid certificate in their favour, which fact has been disputed by the respondents. It has further been stated that the petitioners' diploma is equal to that of ETT and, therefore, they are entitled to be appointed on the said post. He has placed reliance upon the judgment passed by this Court in Mahesh Kumar vs. State of Punjab and others- CWP No. 9123 of 2009 decided on 14.9.2010 and the order dated 16.9.2011 passed in CWP No. 2396 of 2011 titled Bhupinder Kaur & others Versus State of Punjab and others. Counsel states that liberty may be granted to the petitioners to file a detailed representation to the Special Secretary, School Education-cum-Director General Secondary Education (State Project Director) Sarva Shiksha Abhiyaan-respondent No.2, which representation shall be filed within a period of six weeks from today, which may be directed to be considered and decided at an early date.

In the light of the statement made by the counsel for the petitioners, this petition is disposed of with liberty to the petitioners to file a detailed representation to the Special Secretary, School Education-cum- Director General Secondary Education ( State Project Director) Sarva Shiksha Abhiyaan-respondent No.2 within a period of six weeks. If such a representation is made the same shall be considered and decided by the Special Secretary, School Education-cum-Director General Secondary Education ( State Project Director) Sarva Shiksha Abhiyaan-respondent CWP No. 18633 of 2011 -3- No.2 within a period of two months from the date of submission of such representation. Decision so taken be conveyed to the petitioners forthwith.




06.02.2013                           (AUGUSTINE GEORGE MASIH)
   'sp'                                       JUDGE