KULWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners, two in number, had applied for the post of Principal in the Khalsa Senior Secondary School, Sarhal Kazian, District Nawanshahar (a privately managed recognised aided School), in response to an advertisement which was issued in the Daily Tribune on October 5, 1997. The qualification for the post are mentioned in the rules, called "Punjab Privately managed Recognised School Employees (Security of Service) Rules, 1981 (hereinafter referred to as "the Rules"), framed under Punjab Privately Managed Recognised School Employees (Security of Service) Act, 1979. Rule 6 of 1981 rules provide qualifications and experience for the post of Principal which are as follows : -

(2.) ON the date fixed for the interview, total 10 candidates appeared before the Selection Committee , including the petitioners. However, the Selection Committee recommended the name of respondent No. 6, Sh. Ram Tirath Singh for the post. The Managing Committee approved the selection of respondent No. 6 and was issued an appointment letter. Me joined on November 13, 1997. As per the appointment letter, copy at Annexure P.9, one of the conditions was that "you should join for duty within 15 days of the receipt of this letter and your pay and allowances shall start from the date of your joining subject to the approval of the D.P.I.(S), through D.E.O., Nawanshahar." On December 30, 1997 (Annexure P -10), the District Education Officer (S) Nawanshahar, sent an order to the President of the Managing Committee of the School on the subject "regarding clearance of Sh. Ram Tirath Singh as Principal" wherein it was mentioned that the case was being sent back in original in view of the fact that the interviews were held on Saturday and the Managing Committee had not sent any invitation letter/call letter to the District Education Officer, till November 7, 1997, nor the meeting was held on a working day, which is against the rules. It was a holiday on November 8, i997. The interview which took place on November 8, 1997, is cancelled in view of the circular of the D.P.I. (Schools), dated September 10, 1993. In this view of the matter, the selection of Sh. Ram Tirath Singh was cancelled and it was ordered that the post be read vertised.

(3.) PETITIONERS then filed an appeal before the State School Tribunal, constituted under the 1979 Act. It may be observed here that pursuant to the order of the District Education Officer, dated December 30, 1997. Annexure P.10, the Managing Committee of the school on December 31, 1997, had cancelled the selection of the petitioner as Principal and had appointed one of the Lecturers as an Acting Principal. The School Tribunal, after hearing the appellant Sh. Ram Tirath Singh and the Management allowed the appeal vide order dated April 6, 1999, copy at Annexure P.12 and also set aside the resolution of the Managing Committee, dated December 31, 1997 cancelling the selection of respondent No. 6 and observed that since all the objections regarding the selection had been over -ruled, there should not be any impediment in the grant of the approval of the selection of respondent No. 6 Sh. Ram Tirath Singh by the D.E.O.'s office. The petitioners have challenged the aforesaid order of the Tribunal.