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PUNJAB & HARYANA HIGH COURT
Vinod K.Sharma, J.
Hawa Singh
Versus
State Of Haryana
CWP No. 9925 of 2005
Decided On : MARCH 9, 2010
Military Qualification - Equivalence to JBT Teacher - 1986 Directory of Equation of Service Trades with Civil Trades - Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979 - Recognition by Madhya Pradesh Government and Barkatullah University - Relaxation of standard of selection under Rule 6-A
Fact of the Case:
The petitioners challenged their termination as JBT teachers and sought writ of mandamus for appointment. The controversy was whether the 'Unit Education Instructor Course' from the Army Educational Corps Training College could be treated as equivalent to JBT, making the petitioners eligible for appointment as JBT teachers in Haryana. The petitioners completed the course during their employment with the army and were issued necessary certificates. The State of Haryana terminated their services, citing lack of equivalence to the required 2-year JBT/D.Ed course.
Finding of the Court:
The court found that the course undertaken by the petitioners was recognized as equivalent to JBT by the Madhya Pradesh Government and Barkatullah University. The court also held that under Rule 6-A of the Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, there was provision for relaxing the standard of selection to make up the deficiency in the reserved quota, which applied to the petitioners' case.
Issues: The main issue was the recognition of the petitioners' military qualification as equivalent to JBT and the applicability of Rule 6-A for relaxation of the standard of selection.
Ratio Decidendi: The court interpreted the rules for appointment of ex-servicemen in civil services liberally in favor of the ex-servicemen to advance the object of the Rules and Instructions issued. The recognition of the petitioners' qualification as equivalent to JBT by the Madhya Pradesh Government and Barkatullah University, along with the provision of Rule 6-A, led to the court's decision in favor of the petitioners.
Final Decision: The court allowed the writ petitions, set aside the termination of services, and directed the respondents to issue appointment letters and declare the interview results for the petitioners. The petitioners were entitled to all consequential benefits.
Vinod K.Sharma, J.
1 This judgment shall dispose of :
1. CWP No. 9925 of 2006, Hawa Singh & Ors. v. State of Haryana & Ors.
2. CWP No. 11351 of 2005, Jai Bhagwan & Ors. v. State of Haryana & Ors.
3. CWP No. 9986 of 2005, Hoshiar Singh & Ors. v. State of Haryana & Ors.
4. CWP No. 15666 of 2006, Padam Kumar & Ors. v. State of Haryana & Ors.
5. CWP No. 16649 of 2007, Ranbir Singh & Ors. v. State of Haryana & Ors.
6. CWP No. 18144 of 2006, Krishan Kumar & Ors. v. State of Haryana & Ors.
7. CWP No. 5330 of 2007, Anand Parkash & Anr. v. State of Haryana & Ors.
8. CWP No. 6148 of 2007, Satbir v. State of Haryana & Ors.
9. CWP No. 1519 of 2009, Diwan Singh & Ors. v. State of Haryana & Ors.
10. CWP No. 9428 of 2006, Joginder Singh & Ors. v. State of Haryana & Ors.
11. CWP No. 13348 of 2009, Ravi Bhan Singh v. State of Haryana & Ors.
12. CWP. Os. 440 of 2007, Jai Singh & Ors. v. State of Haryana & Ors.
13. CWP No. 409 of 2007, Balbir Singh & Ors. v. State of Haryana & Ors.
14. CWP No. 598 of 2007, Rajpal v. State of Haryana & Ors.
15. CWP No. 637 of 2007, Dilbagh Singh & Ors. v. State of Haryana & Ors.
16. CWP No. 761 of 2007, Rajinder Singh & Ors. v. State of Haryana & Ors.
17. CWP No. 828 of 2007, Satish Kumar v. State of Haryana & Ors.
18. CWP No. 4169 of 2007, Ram Kumar & Anr.& Ors. v. State of Haryana & Ors.
19. CWP No. 15403 of 2007,Balwan Singh v. State of Haryana & Ors.
20. CWP No. 2337 of 2005, Ram Kumar & Ors. & Ors. v. State of Haryana & Ors.
21. CWP No. 15371 of 2006, Karamvir & Ors. v. State of Haryana & Ors.
22. CWP No. 16055 of 2006, Baljit Singh & Ors. v. State of Haryana & Ors.
2 In CWP Nos. 9925, 11351 and 9986 of 2005, 15666 of 2006, 16649 of 2002, 18144 of 2006, 5330 and 6148 of 2007, 9428 of 2006 and 13348 of 2009, the petitioners have challenged their termination.
3 In CWP Nos. 2337 of 2005 and 1537, 16055 and 15371 of 2006, the petitioners who have been selected for appointment have not been given appointment letter, therefore, the petitioners seek writ of mandamus seeking direction to the respondents to allow them to join duty in pursuance to their selection.
4 In CWP Nos. 440, 409,598, 637, 761, 828, 4169 and 15403 of 2007 the petitioners well permitted to be interviewed but their result of interview has not been declared.
5 The controversy involved in these writ petitions is as to whether the "Unit Education Instructor Course" undertaken by the petitioners from the Army Educational Corps Training College and Center, Panchmarhi (hereinafter referred as Training College) can be treated to be equivalent to J.B.T., so as to hold the petitioners eligible for appointment as JBT teacher in the State of Haryana.
6 For the sake of brevity, facts are being taken from CWP No. 9925 of 2005. The petitioners in the writ petition were appointed as Junior Basic Training teachers, on the recommendation of Haryana Staff Selection Commission, but their services were terminated vide order dated 2.6.2005, which reads as under :-
"The order passed by the Director, Primary Education, Haryana issued vide No. 16/27-01 Estt-II (I) dated 15.6.2001 on the basis of the decision of Honble Punjab and Haryana High Court in Civil Writ Petition No. 2988/2001- Prem Singh v. Haryana State, and the directions issued to all the District Primary Education Officers vide order No. 16/27-2001 Estt-II (I) dated 13.8.2001 and keeping in view the instructions issued vide order No. 20/11- 2004 Estt. II(4) dated 3.3.2005, those Ex-servicemen, who have been appointed on the posts of JBT Teachers and who are possessing the Unit Education Instructor Training Certificates which is of 3 months duration, is not equivalent to 2-years JBT/D.Ed course of Haryana State. The JBT Teachers with the following description working under this office also come within this purview :-
Sr. No. Name and Fathers Name Roll No. Eligibility. 1 Sh. Pardeep Kumar s/o Shri Ami Lal, Vill. Dadot (Mahendergarh) presently working in Govt. Primary School, Dadot 3889 Matric, U.E.I. D
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