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अनियमिततापूर्ण ढंग से नियुक्त हुए 719 अतिथि अध्यापक मामले में सब्जेक्ट कंबीनेशन न रखने वाले हटाए गए अतिथि अध्यापकों ने हाईकोर्ट में याचिका दाखिल कर कहा कि हमने अब सारी योग्यता पूरी कर ली है इसलिए अब हमे हटाने का फैसला गलत है और इस पर रोक लगाई जाए लेकिन कोर्ट ने कहा कि जब नियुक्ति हुई थी तब आपके पास पद के लिए निर्धारित योग्यता नहीं थी और हाईकोर्ट ने उनकी याचिका ख़ारिज कर दी। फैसला पढ़े--
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.2465 of 2015 (O&M) Date of decision: 12.2.2015
Ritu and others ..... Petitioners
Versus
State of Haryana and another......Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Ramesh Hooda, Advocate for the petitioners.
RAJESH BINDAL, J
The petitioners, who were working as Guest Teachers have filed the present petition impugning the communication dated 7.1.2015 (Annexure P-10), vide which their services have been terminated on account of the fact that they did not possess requisite qualifications on the date of appointment. Learned counsel for the petitioners submitted that though on the date of appointment, the petitioners did not possess requisite qualification regarding subject combination, however, lateron they acquired that qualification and had been working for the last 7-8 years, hence, the petitioners are eligible and should be allowed to continue.
After hearing learned counsel for the petitioners, I do not find any merit in the submissions made.
In view of the statement made by learned counsel for the State that if the petitioners were eligible to be appointed as teachers at the relevant time,
they would be allowed to continue till the regular appointments are made,
Special Leave Petition (Civil) No.11077 of 2013, filed against the judgement
of this Court in CWP No.3990 of 2012, was dismissed. Admittedly, on the
date of appointment, the petitioners were not eligible for the post as they did
not possess requisite qualification, hence, they cannot be allowed to continue
in service.
Accordingly, the writ petition is dismissed.
(RAJESH BINDAL)
JUDGE
12.2.2015
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