court cases about GT -Dalip Bisnoi


SLP(C)...CC 5956-5957/12,etc.

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    ITEM NOs.MM-2-F COURT NO.2 SECTION IVB
    and MM-2-G

    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS

    Petitions(s) for Special Leave to Appeal (Civil)....../2012
    CC 5956-5957/12

    (Under Article 136 of the Constitution against the final
    judgment and order dated 30/03/2011 passed by the High Court of
    Punjab & Haryana at Chandigarh in CWP No.6090 of 2010 and
    against the final judgment and order dated 15/03/2012 passed by
    the High Court of Punjab and Haryana at Chandigarh in Civil
    Misc.No.17483 of 2011)

    NARESH KUMAR & ORS.ETC.ETC. Petitioner(s)

    VERSUS

    STATE OF HARYANA & ORS.ETC. Respondent(s)

    (With appln(s) for permission to file SLP and with prayer for
    interim relief )

    WITH SLP(C) NO. 10818 of 2012
    (With appln.(s)for exemption from filing c/c of the impugned
    judgment and permission to place addl.documents on record and
    with prayer for interim relief and office report)

    Date: 30/03/2012 These Petitions were called on for hearing today.

    CORAM :
    HON'BLE MR. JUSTICE ALTAMAS KABIR
    HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR

    For Petitioner(s) Mr. G.E.Vahanvati, A.G.I.
    in SLP(C)10818/12 Mr. H.S. Hooda, A.G.Haryana.
    Mr. Rohit Sharma, Adv.
    Mr. Abhijat P.Medh, AOR.

    Sri Gopal Subramanium, Sr. Adv.
    in SLP(C)..../12 Ms. Indu Malhotra, Sr. Adv.
    CC 5956-5957/12 Ms. Mahalakshmi Pavani, Adv.
    Sri G.Balaji, Adv.
    SLP(C)...CC 5956-5957/12,etc.

    2

    Ms. Chinmaya Chandra, Adv.
    Sri Mukesh Kumar Singh, Adv.
    for M/S.Mahalakshmi Balaji & Co.,Advs.

    For Respondent(s) Mr. K.V. Vishwanathan, Sr. Adv.
    Mr. John Mathew,AOR.

    UPON hearing counsel the Court made the following
    O R D E R

    1. Permission to file SLPs granted.

    2. Three Special Leave Petitions have been

    filed,two by Mr. Naresh Kumar & Ors., in

    SLP(C)......CC Nos.5956-5957 of 2012,against

    the final judgment and order dated 30th March,

    2011, passed in CWP No.6090 of 2010 and the

    final judgment and order dated 15th March, 2012,

    in Civil Misc.No.17483 of 2011, passed by the

    Punjab & Haryana High Court, and SLP(C)No.10818

    of 2012, filed by the State of Haryana against

    the final judgment and order dated 15th March,

    2012, passed by the Punjab & Haryana High Court

    in C.M.No.17483/11 in Civil Writ Petition

    No.6090 of 2010.

    3. The subject-matter of all the three

    Special Leave Petitions is with regard to the

    appointment of 'Guest Teachers' and their

    continuance, without recruitment of teachers in

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    the various educational institutions, by the

    regular process of recruitment. The issue

    involved appears to have been considered by the

    Punjab & Haryana High Court, in several matters,

    since quite some time.In fact, we have been

    able to glean from the facts as disclosed that

    this issue came up for consideration before the

    Division Bench of the Punjab & Haryana High

    Court in CWP No.6090 of 2010, which has been

    questioned in SLP(C)......CC 5956-5957 of 2012.

    The said writ petition was disposed of by the

    judgment and order of the Punjab & Haryana High

    Court dated 30th March, 2011, wherein it was

    mentioned that the specific challenge which had

    been made in the writ petition was with regard

    to the decision of the respondents to extend

    the services of 'Guest Teachers' appointed under

    contract basis in various Government schools of

    the State of Haryana. In the said Writ

    Petition, it was also indicated that the

    extension was proposed for a further period of

    one year with effect from 1st April,2011.

    Incidentally, the respondent No.6 in the said

    writ petition is duly represented before us and

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    he is a candidate for consideration for

    appointment in the regular course.The said

    Writ Petition was disposed of in terms of a

    schedule, which had been prepared by the

    respondent-authorities, and the Division Bench

    of the Punjab & Haryana High Court made it very

    clear that while it would be open to the State

    to extend the tenure of the'GuestTeachers' at

    all levels, such extension should not be beyond

    31st March,2012. It was also indicated that on

    the expiry of the said date, i.e.31st March,

    2012, services of all the 'Guest Teachers'

    should be understood to have lapsed in terms

    of the said judgment and it would not be open

    for the State to continue such 'Guest Teachers'

    in service. It is,in fact, the said

    directions which had led to the filing of the

    Special Leave Petitions. The Division Bench

    had also indicated that there would be no

    further appointment of 'Guest Teachers' during

    the next Academic year, starting from 1st April,

    2011, and the short-fall,if any, in the

    availability of teachers would have to be made

    up by the State by undertaking a fresh process/

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    exercise of posting and re-posting of teachers

    according to the needs of each school.

    Various other directions were also given

    regarding appointment of teachers on regular

    basis.

    4. Mr. Gopal Subramanium, learned senior

    advocate, appearing for the petitioners in the

    said Special Leave Petitions, has submitted that

    the direction referred to hereinabove given by

    the Division Bench of the High Court would

    create a situation in which after 1st April,

    2012, there would be no teachers available in

    place of the 'Guest Teachers' and unless the

    directions was extended till at least regular

    appointments were made, the students in the

    various institutions would suffer. Of course,

    Mr. Vishwanathan, learned senior counsel, has

    also voiced his apprehension that this may lead

    to continuance of the process of continuing with

    the 'Guest Teachers'.

    5. The other Special Leave Petition has been

    filed by the State of Haryana, in regard to the

    order passed by the Division Bench of the High

    Court on 15th March, 2012,in C.M.No.17483/11 in

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    Civil Writ Petition No.6090 of 2010. By the

    said order, the Division Bench of the High Court

    rejected the prayer of the State of Haryana for

    extension of time to implement the directions

    contained in the order dated 30th March, 2011.

    The learned Attorney General for India,

    appearing for the State of Haryana, however,

    brought to our notice an order subsequently

    passed by the same Division Bench on 20th March,

    2012, whereby a scheme for filling up the vacant

    posts in order to comply with the directions

    contained in the order of 30th March, 2011, had

    been placed before the Court and the same had

    been accepted, in fact, a prayer had been made

    for about ten months' time to give effect to the

    said scheme. The learned Attorney General for

    India pointed out that in the said order, the

    Court had observed that in view of the scheme it

    was no longer necessary for the Court to monitor

    the actions of the State any further. On the

    contrary, the Court deemed it appropriate to

    close the writ petition, which was in the nature

    of a public interest litigation, by directing

    the State of Haryana to initiate and comply with

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    and take necessary action in terms of the

    averments made in the affidavit dated 19th March,

    2012, affirmed by the Financial Commissioner and

    Member Secretary to the Government of Haryana,

    School Education Department, and to adhere to

    the time schedule mentioned in the said

    affidavit.

    6. The learned Attorney General for India,

    submitted that there being two contrary

    directions, one passed on 15th March, 2012, and

    the other on 20th March, 2012, accepting the

    scheme, and, in fact, extending the time for

    giving effect to the scheme, the State of

    Haryana had filed the Special Leave Petition to

    clarify the differences in the two orders.

    7. Having heard the learned Attorney General

    for India, Mr. Subramanium and Mr. Vishwanathan,

    learned senior advocates, for the parties and

    also keeping in mind the submissions made by Mr.

    Vishwanathan, that the intention of the Division

    Bench of the High Court was that no further

    appointments of 'Guest Teachers' should be made

    after 1st April, 2012, and that the vacancies

    should be filled up by posting and reposting

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    teachers in the different institutions, we feel

    that the two things should really be kept

    separate,notwithstanding the apprehension

    voiced by Mr. Vishwanathan, that this could lead

    to continuance of appointment of 'Guest

    Teachers'.

    8. We make it very clear that as directed by

    the Division Bench of the High Court, no fresh

    appointments of 'Guest Teachers' will be made

    from 1st April, 2012. However, since students

    also cannot be made to suffer on account of the

    delay in the appointment of regular teachers, we

    direct that the exercise indicated in the

    scheme,must be completed within the time

    specified in the scheme and no further extension

    or deviation therefrom will be permitted.

    9. Till then, the 'Guest Teachers' may be

    allowed to continue to function, as they have

    been doing so far.

    10. We once again reiterate that the

    recruitment of teachers on the regular basis

    shall not be supplemented or replaced by this

    procedure of appointing 'Guest Teachers' for

    the sake of convenience.

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    11. The Special Leave Petitions are disposed

    of with the aforesaid observations.

    12. There will be no orders as to costs.

    (Sheetal Dhingra) (Juginder Kaur)
    COURT MASTER Assistant Registrar

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