Order No. 17/49-2012 HRM (1) Dated : 14-3-12-
Smt. Asha Dudeja filed CWP No. 4676 of 2011 titled as Asha Dudeja V/ sState of Haryana in the Hon'ble Punjab & Haryana High Court at Chandigarh. TheHeadmistress of GMS, Harijan Basti No.2, Faridabad issued notice to Smt. AshaDudeja for terminating her services as she did not possess the prescribed qualification. She obtained stay order from the Hon'ble Court and was allowed tocontinue as Social Study Mistress in the same school. Brief facts of this case are as
under:
She was appointed as Social Study Mistress in GMS, Harijan Basti No.2,
Faridabad on 25.07.2007. She was holding the degree of B.Com. B.Ed at the time ofappointment as guest teacher. She was not having subject combination as perprescribed service rules for the post of S.S. Mistress. A show cause notice was issuedto terminate her services. She was relieved on 21.03.2011. Later on, she obtained stayorder on 16.03.2011 from the Hon'ble Court and she was allowed to continue as guest
teacher in the same school.
The CWP No. 4676 of 2011 filed by Smt Asha Dudeja was disposed of by
the Honble Court with the following order .
"For orders, see order of even date passed in Civil Writ Petition No.4587 of 2011, titled as "Naresh Kumar Vs. State of Haryana & Others."
August 05, 2011 (RANJIT SINGH)
JUDGE
The operative part of order passed in CWP No. 4587 of 2011 titled NareshKumar Vs State of Haryana is also reproduced below for reference:-
"All these writ petitions are disposed of with a direction to thepetitioners to appear before the respective authorities which have issuedshow cause notice in each case. The said authorities, after obtainingreplies of the respective petitioners to the show cause notice, shallforward the case to the Director, Education School, by fixing a date ofhearing before the Director in consultation with the Director. TheDirector, School, thereafter, would afford due opportunity of hearing tothe petitioners and pass an order in accordance with law. The petitionersshall be at liberty to raise all the pleas that they may wish to urge againstthe proposed action. Needless to mention that the Director would keep inmind the observations made by In Division Bench in Tilak Rai'sCase(Supral . The petitioners would be at liberty to impugn any orderpassed by the Director in accordance with law. If any of the petitionermakes a request for being represented by a counsel, the same shall beconsidered by the Director and appropriate order made thereon. Theinterim order passed in favour of the petitioners shall continue till the
date of decision by the Director.
The writ petitions are, accordingly, dispose of."
That in compliance of the aforesaid directions of the Honble Punjab andHaryana High Court, case of the petitioner has been considered in the light of variousjudgments passed in several civil writ petitions. The department gave opportunity ofpersonal hearing to Smt. Asha Dudeja on 30.11.2011 but she did not appear on that
date.
On considering all facts brought to the record, it is found that Smt. Asha
Dudeja was appointed guest teacher without examining the requisite qualification asprescribed under the service rules. She was possessing degree in B.Com B.Ed at thetime of initial appointment as guest teacher. The qualification prescribed for thiscategory of teacher under Haryana State Education School Cadre (Group C) ServiceRules 1998, Rule 7 • (Appendix B) was B.A. with B.T/B.Ed from •a recognizeduniversity in addition to English in B.A. or B.A. Education, a combination of with atleast two subjects out of i.e. History, Political Science, Economics, Geography, PublicAdministration, Sociology & Knowledge of Hindi upto Matric Standard. She hasherself admitted that she has also taken admission in B.A.in Political Science inGlobal Open University, Nagaland and had passed her Ist year examination andrequested not to remove her name from the list of teachers whose services arerescinded due to non-combination of subjects. Thereafter, she has not submitted anyproof of completing the requisite qualification till now. Therefore, it can now be safelyconcluded that she was not possessing the requisite qualification at the time of initialappointment as S.S. Mistress or she has not acquired the prescribed qualificationduring her tenure as guest teacher. While considering the cases of guest teachers,Director, Secondary Education issued following instructions to dispense with their
services.
Subject: Dispensing with the services of Guest Teachers who are not having
the requisite qualifications at the time of initial appointment.The file has been perused and the matter is decided as under:
Persons who have fulfilled the requisite academic qualificationprescribed in the Service Rule till the date of his continuation onguest faculty basis are not to be removed from the said faculty in viewof judgement dated 30.03.2011in Tilak Raj's case and subsequentjudgements of Hon'ble High Court in various other cases.
Persons who have not completed the requisite academic qualificationprescribed in the Service Rule till the date of his continuation onguest faculty basis are to be removed from the said faculty.
3. Persons with B.A. B.Ed. qualification and holding JBT posts are notto be removed in view of the NCTE Notification No. 61-1/2011-NCTE(N&S), dated the 23rd August, 2010 and further amended byNotification dated 10.06.2011 which made candidate withB.A. /B.Sc./B.Com with at least 50% marks and B.Ed. qualificationeligible for appointment to Class I to V upto 01.01.2012 as JBT
Teachers.
Sd/-
DSE
Hence, her case is not covered under the policy/instructions issuedby the department for adjustment of guest teacher whose services are even not to beextended beyond 31.03.2012 in terms of orders passed in CWP No. 6090 of 2010 titled
as Tilak Raj V/ s State of Haryana.
In view of position explained, there is no justification to allow herto continue as Social Study Mistress on guest faculty basis. Moreover the departmenthas taken similar view in all such cases where the guest teacher was not having therequisite qualification as prescribed under the service rules, their services wereterminated. Therefore, taking the similar view in the instant case, the services of Smt.Asha Dudeja are terminated with immediate effect.
I order accordingly.
Y>1202
Additio Directot
For Director Elementary Education, Haryana,
Panchkulaik
Smt. Asha Dudeja filed CWP No. 4676 of 2011 titled as Asha Dudeja V/ sState of Haryana in the Hon'ble Punjab & Haryana High Court at Chandigarh. TheHeadmistress of GMS, Harijan Basti No.2, Faridabad issued notice to Smt. AshaDudeja for terminating her services as she did not possess the prescribed qualification. She obtained stay order from the Hon'ble Court and was allowed tocontinue as Social Study Mistress in the same school. Brief facts of this case are as
under:
She was appointed as Social Study Mistress in GMS, Harijan Basti No.2,
Faridabad on 25.07.2007. She was holding the degree of B.Com. B.Ed at the time ofappointment as guest teacher. She was not having subject combination as perprescribed service rules for the post of S.S. Mistress. A show cause notice was issuedto terminate her services. She was relieved on 21.03.2011. Later on, she obtained stayorder on 16.03.2011 from the Hon'ble Court and she was allowed to continue as guest
teacher in the same school.
The CWP No. 4676 of 2011 filed by Smt Asha Dudeja was disposed of by
the Honble Court with the following order .
"For orders, see order of even date passed in Civil Writ Petition No.4587 of 2011, titled as "Naresh Kumar Vs. State of Haryana & Others."
August 05, 2011 (RANJIT SINGH)
JUDGE
The operative part of order passed in CWP No. 4587 of 2011 titled NareshKumar Vs State of Haryana is also reproduced below for reference:-
"All these writ petitions are disposed of with a direction to thepetitioners to appear before the respective authorities which have issuedshow cause notice in each case. The said authorities, after obtainingreplies of the respective petitioners to the show cause notice, shallforward the case to the Director, Education School, by fixing a date ofhearing before the Director in consultation with the Director. TheDirector, School, thereafter, would afford due opportunity of hearing tothe petitioners and pass an order in accordance with law. The petitionersshall be at liberty to raise all the pleas that they may wish to urge againstthe proposed action. Needless to mention that the Director would keep inmind the observations made by In Division Bench in Tilak Rai'sCase(Supral . The petitioners would be at liberty to impugn any orderpassed by the Director in accordance with law. If any of the petitionermakes a request for being represented by a counsel, the same shall beconsidered by the Director and appropriate order made thereon. Theinterim order passed in favour of the petitioners shall continue till the
date of decision by the Director.
The writ petitions are, accordingly, dispose of."
That in compliance of the aforesaid directions of the Honble Punjab andHaryana High Court, case of the petitioner has been considered in the light of variousjudgments passed in several civil writ petitions. The department gave opportunity ofpersonal hearing to Smt. Asha Dudeja on 30.11.2011 but she did not appear on that
date.
On considering all facts brought to the record, it is found that Smt. Asha
Dudeja was appointed guest teacher without examining the requisite qualification asprescribed under the service rules. She was possessing degree in B.Com B.Ed at thetime of initial appointment as guest teacher. The qualification prescribed for thiscategory of teacher under Haryana State Education School Cadre (Group C) ServiceRules 1998, Rule 7 • (Appendix B) was B.A. with B.T/B.Ed from •a recognizeduniversity in addition to English in B.A. or B.A. Education, a combination of with atleast two subjects out of i.e. History, Political Science, Economics, Geography, PublicAdministration, Sociology & Knowledge of Hindi upto Matric Standard. She hasherself admitted that she has also taken admission in B.A.in Political Science inGlobal Open University, Nagaland and had passed her Ist year examination andrequested not to remove her name from the list of teachers whose services arerescinded due to non-combination of subjects. Thereafter, she has not submitted anyproof of completing the requisite qualification till now. Therefore, it can now be safelyconcluded that she was not possessing the requisite qualification at the time of initialappointment as S.S. Mistress or she has not acquired the prescribed qualificationduring her tenure as guest teacher. While considering the cases of guest teachers,Director, Secondary Education issued following instructions to dispense with their
services.
Subject: Dispensing with the services of Guest Teachers who are not having
the requisite qualifications at the time of initial appointment.The file has been perused and the matter is decided as under:
Persons who have fulfilled the requisite academic qualificationprescribed in the Service Rule till the date of his continuation onguest faculty basis are not to be removed from the said faculty in viewof judgement dated 30.03.2011in Tilak Raj's case and subsequentjudgements of Hon'ble High Court in various other cases.
Persons who have not completed the requisite academic qualificationprescribed in the Service Rule till the date of his continuation onguest faculty basis are to be removed from the said faculty.
3. Persons with B.A. B.Ed. qualification and holding JBT posts are notto be removed in view of the NCTE Notification No. 61-1/2011-NCTE(N&S), dated the 23rd August, 2010 and further amended byNotification dated 10.06.2011 which made candidate withB.A. /B.Sc./B.Com with at least 50% marks and B.Ed. qualificationeligible for appointment to Class I to V upto 01.01.2012 as JBT
Teachers.
Sd/-
DSE
Hence, her case is not covered under the policy/instructions issuedby the department for adjustment of guest teacher whose services are even not to beextended beyond 31.03.2012 in terms of orders passed in CWP No. 6090 of 2010 titled
as Tilak Raj V/ s State of Haryana.
In view of position explained, there is no justification to allow herto continue as Social Study Mistress on guest faculty basis. Moreover the departmenthas taken similar view in all such cases where the guest teacher was not having therequisite qualification as prescribed under the service rules, their services wereterminated. Therefore, taking the similar view in the instant case, the services of Smt.Asha Dudeja are terminated with immediate effect.
I order accordingly.
Y>1202
Additio Directot
For Director Elementary Education, Haryana,
Panchkulaik
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