MAHJI BALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order of mine will dispose of Civil Writ Petitions No. 2524, 4647, 5463, 7721 of 1987, 254, 2822, 3058, 4449, 4450, 6379, 7054, 8949, 9661, 10437 of 1988 and 16411 of 1990, as common question of law and facts in involved therein.

(2.) PETITIONERS in all these cases had applied against the post of Hindi, Punjabi/Art and Craft teachers in government aided schools in the State of Punjab. The petitioners were found eligible for appointment and they were selected. Petitioners in pursuance of this selection, joined their service on different dates. Subsequently, the District Education Officer, Gurdaspur, vide order dated 26.5.1987 which was conveyed vide letter dated 30.10.1987, decided to decline to accord approval to the appointment of the petitioners on the ground that the certificate of O.T./Art and Craft obtained from institutions situated in Haryana cannot be treated to be equivalent to the O.T./Art and Craft courses in Punjab. This order was challenged in the aforesaid writ petitions by the petitioners.

(3.) AT the time of motion hearing, status -quo in regard to service qua maintained, meaning thereby that the petitioners continued to remain in service. Now when the writ petitions came up for hearing before me, it was pointed out by the learned counsel for the parties that the matter in issue stands concluded by a Full Bench decision of this court in Neelam Kumari v. State of Punjab and others, 1993(1) SCT 770 (P&H) (FB) : 1993(1) Recent Services Judgments 327, in which it was held that the derecognition of such certificates would be prospectively and would not apply retrospectively. Learned counsel further agree that the writ petitions have to be allowed.