MANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this writ petition, filed under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ in the nature of certiorari to quash the order dtd. 17/3/2021 vide which the petitioner has been removed from service. The question which arises for consideration is 'whether the petitioner, who got employment on the post of ETT Teacher on the strength of Junior Basic Training (JBT) from Bihar Pradesh Shiksha Parishad, Shripalpur, can be permitted to continue when it is established that the institute itself does not exist? '

(2.) The petitioner on being appointed as an ETT Teacher joined on 29/12/2006. She claims that she has completed two years Diploma in Elementary Education from Bihar Pradesh Shiksha Parishad, Shripalpur, through Oxford College, situated in Jalandhar. In 2020, the petitioner was issued a chargesheet under Rule 5 (V-IX) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, (in short 'the Rules') alleging that he does not possess the requisite qualification as the Bihar Pradesh Shiksha Parishad, Shripalpur, does not even exist. The petitioner filed a reply and thereafter, the Principal, Government Senior Secondary School, Mahilwali, was appointed as the inquiry officer, who after holding an inquiry, submitted a report against the petitioner. The petitioner was granted personal hearing on 26/2/2021. Subsequently, again various opportunities of hearing were granted to the petitioner.

(3.) After finding that the petitioner does not possess the necessary qualification for the post, her services have been terminated in the exercise of powers conferred under Rule 8 read with Rule 5 (V to VIII) of the Rules.