-1-
107-V
CWP No.2968 of 2015 (O&M)
Seema Devi Vs. State of Haryana and others
***
Present : Mr. Jasbir Mor, Advocate
for the petitioner.
Mr. D.S. Nalwa, Addl. A.G. Haryana.
Mr. Ravi Partap Singh, AAG, Haryana.
Mr. Jagbir Malik, Advocate
for the respondent No.6.
Mr. Girish Agnihotri, Sr. Advocate with
Mr. Arvind Seth, Advocate
Mr. Karan Kher, Advocate
Mr. Puneet Bali, Sr. Advocate with
Mr. Vibhav Jain, Advocate
Mr. T.C. Gupta, Principal Secretary, School Education
Department, Haryana
***
During the pendency of the present writ petition, many
petitions have been filed, few of them are writ petition bearing
Nos.4196, 4677, 5400 and 5415 of 2015, in which no written statement
has been filed despite State having availed two opportunities. In CWP
No.2867 of 2015 titled as Sanjay Kumar and ors. Vs. State of Haryana
and ors. written statement has been filed today in the Court and another
writ petition bearing No.5224 of 2015.
The contention of the learned counsel for the petitioner in
the present writ petition is that the petitioner has higher qualification
-2-
and, thus, is fully eligible, her yet services have been terminated.
Previous order passed by this Court reflects that judgment
of Tilak Raj Vs. The State of Haryana and others in CWP No.6090 of
2010 case has not been implemented in its letter and spirit. Today, it
has been brought to the notice of this Court that in CWP No.2743 of
2006 titled as Balraj Singh & ors. Vs. State of Haryana & ors, the
controversy with regard to the appointment and retaining of the Guest
Faculty Teachers had arisen, in order to tide over the shortfall of
teachers.
Mr. Karan Kher, Advocate and Mr. Puneet Bali, Sr.
Advocate assisted by Mr. Vibhav Jain, Advocate, have rendered
assistance to this Court, though they are not the petitioner or the
respondent in any of the aforementioned writ petition. The Division
Bench of this Court, after perusing the guidelines, also observed that
the criterion adopted for inducting the staff as Guest Faculty was purely
a political. It was further mentioned that the petitioners in the said writ
petition were engaged by adopting procedure depicted in the
guidelines/criterion.
By referring to the aforementioned finding in Balraj Singh's
case, it has been submitted that the anomalous situation has arisen
inasmuch as that in Tilak Raj's case direction has been issued to the
State not to appoint any fresh Guest Faculty Teachers, whereas in
Balraj Singh's case, appointment of the Guest Faculty Teachers has
been held to be in accordance with guidelines/criterion and, therefore,
they are entitled for regularizations.
-3-
Be that as it may, the direction contained in the order dated
30.03.2011 in Tilak Raj's (Supra) and judgment of Balraj Singh's case
had also been discussed while rendering finding in Tilak Raj's (Supra)
case which has been upheld by the Hon'ble Supreme Court.
The learned counsels in aforesaid writ petitions submits
that the State is adopting the pick and choose policy in dispensing the
services of the Guest Faculty Teachers, on one premise or the other and
not in conformity.
This Court, after noticing aforementioned facts, called upon
the Principal Secretary, School Education Department, Haryana to file
Status report. Status report has been filed and contents of which had
already been extracted/noticed in the previous order. It has been stated
in the affidavit that requisition for undertaking the task of appointment
of the regular appointees qua PGT/TGT Teachers has been sent to
Haryana Staff Selection Commission on 25.03.2015 and 27.03.2015,
respectively. However, neither any date nor any action qua dispensing
with the services of the surplus 4073 Guest Faculty Teachers has been
given.
Mr. K.K. Kataria, Director General Technical Education,
Haryana is also present in the Court and apprised the Court that
Technical Department in the State of Haryana has nothing to do with
the Education Department and recruitment of technical staff, for
imparting the training/education in the technical colleges, had been
done at their ending. He has further informed that the Technical
Department of the State of Haryana was not aware of the direction
-4-
contained in Tilak Raj (Supra) case and, therefore, the respective
colleges had been causing advertisement for recruitment of Visiting
Faculty Teachers, in order to meet contingencies.
One of Technical Teacher has approached this Court by
attaching the copy of the advertisement to this effect and after noting
the contention, this Court restrained the Department of Technical
Education, Haryana not to appoint any Visiting Faculty Teachers,
unless and until the State undertakes an exercise of appointing the
regular employees.
This Court is being deprived of the proposed action to be
taken by the Commission, on the receipt of the requisition by the
Education Department, Haryana. Secretary of Haryana Staff Selection
Commission is directed to be present in this Court on the next date of
hearing and apprise the Court about the time frame/time line in causing
the advertisement for the purpose of recruiting the regular appointees.
Two status reports and two short replies by way of
affidavits qua show cause notices have been filed but written statement
has not been filed.
It is made clear that no further opportunity be given to the
State to file written statement in case where it has not been filed.
In view of what has been observed above, the following
directions are being issued to the State:-
i) To gave the exact status of action being taken for dispensing the
services of 4073 surplus staff.
ii) Secretary, Haryana Staff Services Selection Commission would
-5-
also apprise the Court the time line/schedule of causing
advertisement before the next date of hearing.
iii)The Secretary, Haryana Education Department is directed to file
an affidavit with regard to the specific averments made in CWP
No.4196 of 2015.
iv)The Director General, Technical Education is also directed to file
affidavit containing the averment that what proposed action is
going to be taken for recruiting/filling the sanctioned posts on
regular basis.
As an interim measure, operation of the order dated
07.01.2015 in CWP Nos.5400 of 2015 & 09.02.2015 in CWP
Nos.2867, 2968, 4196, 5224, 4677, 5415 of 2015 shall remain stayed
till the next date of hearing.
It is made clear that in any of the case either of the parties
to the lis seeks any adjournment on lame excuses, the stay granted in
the aforementioned writ petition shall stand vacated.
For the time being, personal appearance of Mr. T.C. Gupta,
Principal Secretary, School Education Department, Haryana and Ms.
Sumedha Kataria, H.C.S. Additional Director Secretary Education,
Haryana is dispensed with.
To come up on 01.05.2015.
A copy of this order be given under the signatures of
Reader of this Court.
08.04.2015 (AMIT RAWAL)
Pawan JUDGE
107-V
CWP No.2968 of 2015 (O&M)
Seema Devi Vs. State of Haryana and others
***
Present : Mr. Jasbir Mor, Advocate
for the petitioner.
Mr. D.S. Nalwa, Addl. A.G. Haryana.
Mr. Ravi Partap Singh, AAG, Haryana.
Mr. Jagbir Malik, Advocate
for the respondent No.6.
Mr. Girish Agnihotri, Sr. Advocate with
Mr. Arvind Seth, Advocate
Mr. Karan Kher, Advocate
Mr. Puneet Bali, Sr. Advocate with
Mr. Vibhav Jain, Advocate
Mr. T.C. Gupta, Principal Secretary, School Education
Department, Haryana
***
During the pendency of the present writ petition, many
petitions have been filed, few of them are writ petition bearing
Nos.4196, 4677, 5400 and 5415 of 2015, in which no written statement
has been filed despite State having availed two opportunities. In CWP
No.2867 of 2015 titled as Sanjay Kumar and ors. Vs. State of Haryana
and ors. written statement has been filed today in the Court and another
writ petition bearing No.5224 of 2015.
The contention of the learned counsel for the petitioner in
the present writ petition is that the petitioner has higher qualification
-2-
and, thus, is fully eligible, her yet services have been terminated.
Previous order passed by this Court reflects that judgment
of Tilak Raj Vs. The State of Haryana and others in CWP No.6090 of
2010 case has not been implemented in its letter and spirit. Today, it
has been brought to the notice of this Court that in CWP No.2743 of
2006 titled as Balraj Singh & ors. Vs. State of Haryana & ors, the
controversy with regard to the appointment and retaining of the Guest
Faculty Teachers had arisen, in order to tide over the shortfall of
teachers.
Mr. Karan Kher, Advocate and Mr. Puneet Bali, Sr.
Advocate assisted by Mr. Vibhav Jain, Advocate, have rendered
assistance to this Court, though they are not the petitioner or the
respondent in any of the aforementioned writ petition. The Division
Bench of this Court, after perusing the guidelines, also observed that
the criterion adopted for inducting the staff as Guest Faculty was purely
a political. It was further mentioned that the petitioners in the said writ
petition were engaged by adopting procedure depicted in the
guidelines/criterion.
By referring to the aforementioned finding in Balraj Singh's
case, it has been submitted that the anomalous situation has arisen
inasmuch as that in Tilak Raj's case direction has been issued to the
State not to appoint any fresh Guest Faculty Teachers, whereas in
Balraj Singh's case, appointment of the Guest Faculty Teachers has
been held to be in accordance with guidelines/criterion and, therefore,
they are entitled for regularizations.
-3-
Be that as it may, the direction contained in the order dated
30.03.2011 in Tilak Raj's (Supra) and judgment of Balraj Singh's case
had also been discussed while rendering finding in Tilak Raj's (Supra)
case which has been upheld by the Hon'ble Supreme Court.
The learned counsels in aforesaid writ petitions submits
that the State is adopting the pick and choose policy in dispensing the
services of the Guest Faculty Teachers, on one premise or the other and
not in conformity.
This Court, after noticing aforementioned facts, called upon
the Principal Secretary, School Education Department, Haryana to file
Status report. Status report has been filed and contents of which had
already been extracted/noticed in the previous order. It has been stated
in the affidavit that requisition for undertaking the task of appointment
of the regular appointees qua PGT/TGT Teachers has been sent to
Haryana Staff Selection Commission on 25.03.2015 and 27.03.2015,
respectively. However, neither any date nor any action qua dispensing
with the services of the surplus 4073 Guest Faculty Teachers has been
given.
Mr. K.K. Kataria, Director General Technical Education,
Haryana is also present in the Court and apprised the Court that
Technical Department in the State of Haryana has nothing to do with
the Education Department and recruitment of technical staff, for
imparting the training/education in the technical colleges, had been
done at their ending. He has further informed that the Technical
Department of the State of Haryana was not aware of the direction
-4-
contained in Tilak Raj (Supra) case and, therefore, the respective
colleges had been causing advertisement for recruitment of Visiting
Faculty Teachers, in order to meet contingencies.
One of Technical Teacher has approached this Court by
attaching the copy of the advertisement to this effect and after noting
the contention, this Court restrained the Department of Technical
Education, Haryana not to appoint any Visiting Faculty Teachers,
unless and until the State undertakes an exercise of appointing the
regular employees.
This Court is being deprived of the proposed action to be
taken by the Commission, on the receipt of the requisition by the
Education Department, Haryana. Secretary of Haryana Staff Selection
Commission is directed to be present in this Court on the next date of
hearing and apprise the Court about the time frame/time line in causing
the advertisement for the purpose of recruiting the regular appointees.
Two status reports and two short replies by way of
affidavits qua show cause notices have been filed but written statement
has not been filed.
It is made clear that no further opportunity be given to the
State to file written statement in case where it has not been filed.
In view of what has been observed above, the following
directions are being issued to the State:-
i) To gave the exact status of action being taken for dispensing the
services of 4073 surplus staff.
ii) Secretary, Haryana Staff Services Selection Commission would
-5-
also apprise the Court the time line/schedule of causing
advertisement before the next date of hearing.
iii)The Secretary, Haryana Education Department is directed to file
an affidavit with regard to the specific averments made in CWP
No.4196 of 2015.
iv)The Director General, Technical Education is also directed to file
affidavit containing the averment that what proposed action is
going to be taken for recruiting/filling the sanctioned posts on
regular basis.
As an interim measure, operation of the order dated
07.01.2015 in CWP Nos.5400 of 2015 & 09.02.2015 in CWP
Nos.2867, 2968, 4196, 5224, 4677, 5415 of 2015 shall remain stayed
till the next date of hearing.
It is made clear that in any of the case either of the parties
to the lis seeks any adjournment on lame excuses, the stay granted in
the aforementioned writ petition shall stand vacated.
For the time being, personal appearance of Mr. T.C. Gupta,
Principal Secretary, School Education Department, Haryana and Ms.
Sumedha Kataria, H.C.S. Additional Director Secretary Education,
Haryana is dispensed with.
To come up on 01.05.2015.
A copy of this order be given under the signatures of
Reader of this Court.
08.04.2015 (AMIT RAWAL)
Pawan JUDGE
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