HARDEEP SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners are the students of Sanskrit Mahavidyalaya, Patiala and are in the final class of Shashtri degree course. In this petition, they have raised the grievance that all the four teachers who were teaching the students Sanskrit subject have been shifted out, with the result, no teacher is left in the School to teach them. They have further mentioned that the studies of all the students are in peak session as their examinations are to be held in April, 2013 and withdrawing the teachers at this stage would cause prejudice to the petitioners as well as other students. It is also pointed out that the students have to submit their examination forms duly filled by 21.12.2012, which is last date and in the absence of the teachers that also cannot be done.

(2.) NOTICE of motion was issued in this petition, pursuant to which, short reply by the Director Public Instruction (Colleges) Punjab, has been filed. It is pointed out therein that in so far as shifting of the teachers is concerned that step is taken in compliance with the directions contained in the judgment dated 28.09.2011 passed by this Court in CWP No.4946 of 1989 as those teachers belong to School Education Cadre and were not possessing requisite qualification of the college lecturer. Copy of the said judgment is also appended with the affidavit. Therefore, this action of the respondents in shifting teachers from this Court who were not possessing the minimum qualification of a college lecturer, cannot be faulted. At the same time, it is necessary to provide alternative arrangement inasmuch as, studies of the students also cannot be allowed to suffer. In this behalf, in para 4 of the reply, the following averment is made:

(3.) KEEPING in view the fact that the sessions is at an advance stage, we direct that such an arrangement whether by guest faculty or otherwise for teaching these 15 students shall be made within one week from today. However, the present Sanskrit teacher, who is teaching in Government Mohindra College, Patiala shall help these 15 students to fill up their examination forms and extent of the cooperation which is required of her in completing this formality.