JUDGMENT :

TRIBHUVAN DAHIYA, J.

The petition has been filed inter alia seeking a writ of certiorari quashing the order dated 17/23.07.2019, Annexure P-3, whereby the petitioners have been discontinued in service by the respondent/Haryana School Shiksha Pariyojna Parishad (hereinafter referred to as ‘Parishad’).

2. Brief facts of the case are, the Parishad is an agency to implement the programmes of the Government of India, namely, Sarva Shiksha Abhiyan (for short, ‘SSA’) and Rashtriya Madhyamik Shiksha Abhiyan (for short, ‘RMSA’). Of late, both these programmes have been subsumed in another programme, ‘Samagra Shiksha’. The Government of India and the State Government are providing funds for it in the ratio of 60:40. 2.1 In August, 2004, the Government of India launched a scheme- Kasturba Gandhi Balika Vidayalya, for setting up residential schools at upper primary level for the girls belonging to Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC) and Minorities, in difficult areas. Nine Kasturba Gandhi Balika Vidyalya (for short ‘KGBVs’) were sanctioned by the Government of India for the State of Haryana in 2005-06. These schools were given to different societies to be run and managed by them as per the following details:

a. 6 KGBVs - Nuh, Nagina, Punhana, Ferozpur Zirka and Tauru and Hathin were given to Mewat Model School Society.

b. KGBV- Kheri Saffa district Jind was given to an NGO namely Sir Chottu Ram Memorial Trust.

c. KGBV - Phullia Khurd, District Jind was given to District Child Welfare Council, Jind.

d. KGBV-Rajound, District Kaithal was given to District Child Welfare Council, Kaithal.

2.2 The scheme was initially being run independently but became a separate component of the SSA with effect from 01.04.2007, and was being run as per its norms issued from time to time. And a Memo of Understanding (MOU), dated 01.04.2007, was entered into amongst the Parishad, District Project Coordinator Office (DPC), Mewat, and the Mewat Model School Society, Nuh (for short, ‘MMS Society’) for running the aforementioned six KGBVs. In terms of the MOU, the MMS Society was responsible for appointment/engagement of its staff and teachers as per guidelines of the Government.

2.3 As per SSA norms dated 24.03.2014, Annexure R-2, the Government of India approved engagement of four full time teachers (one Head teacher and three subject teachers of English/Social Studies, Science/ Mathematics, Sanskrit/Hindi), two Urdu Teachers, if required, three part time teachers, one full time accountant and two supporting staff (Accountant/Assistant, Peon, Chowkidar).

2.4. The petitioners were engaged as Drawing Teachers and Physical Education Instructors (PTIs) on contract basis by the MMS Society after inviting applications through advertisement between 02.07.2007 to 02.07.2012. As MMS Society was not running the KGBVs in residential mode, the Government of India strongly objected to its functioning in 2014- 15, and approved the recurring budget only for three of its residential KGBVs with the condition that the budget for other schools would be allowed only if they were to be run in residential mode. Since the Parishad was to take over the charge of KGBVs at Mewat, Palwal and Phullian Khurd, Jind, a Committee was constituted to screen the staff appointed in the KGBVs which made certain recommendations for retaining the staff also. Considering these and related facts, an agenda item no.7.11-‘Regarding taking over of KGBVs of Mewat, Palwal and Jind Districts’, Annexure R-7, was placed in the General Council meeting of SSA. It contained the following proposals:

After taking stock of the facts related to the 9 KGBVs explained above, the following proposals are made for consideration and approval of GC.

1. The formal takeover of the 9 KGBVs from MMSS and DCWC may be approved.

2. All the teaching and non-teaching staff of 9 KGBVs appointed earlier by different agencies & whose appointments have been considered as valid be treated as employees