SUKHNAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has approached this Court praying for quashing of order dated 22.12.2010 (Annexure P-1) vide which one increment of the petitioner has been stopped on the ground that the result of 8th class of the petitioner in the subject of English for the year 2008-2009 was found to be only 21.95% and the justification submitted by the petitioner was not satisfactory and, therefore, had not been accepted resulting in stoppage of one increment without cumulative effect.

(2.) IT is the contention of the counsel for the petitioner that the punishment imposed upon the petitioner is not provided under the statutory rules and, therefore, the same being not in consonance with law, is not sustainable. His further contention is that the teacher can only teach the students and it is for the students to study and get the requisite qualifying marks. He, on this basis, contends that the impugned order cannot sustain.

(3.) I have considered the submissions made by the counsel for the parties and with their assistance have gone through the records of the case. The Public Interest Litigation was filed in this Court wherein a grievance was made that the result of the schools, especially in the rural areas, was very bad and the failure rate was too high than the average result of the Punjab School Education Board. The matter came up for hearing before this Court in Lt.Col.Naresh Ghai's case (supra) on 20.11.2008 when this Court called for the following information:-