MALINDER KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner qualified and passed the course of diploma in teaching from Rani Durgavati Vishawavidyalaya, Jabalpur (hereinafter referred to as "the Institute") on May 30, 1985 by securing first division. A copy of the certificate has been appended as Annexure P-4. She also qualified and passed Principles of Practice of Education, Education Psychology, School Organization, Hindi, Social Studies by securing first division in Part I examination and second division in Part II examination. Under the University Act, all the degrees/diplomas issued by the said Institute are recognized all over the country. In the State of Punjab, the Department of Education, issued a circular letter dated May 9, 1960 vide which it had recognized various courses offered by other States by applying the rule of equivalence. The requisite courses were accepted as equivalent to the Junior Basic Teacher Training Certificate issued by the Punjab Education Department with the stipulation that the said certificate awarded by other States fulfils the following conditions :-

(2.) The Department of Education advertised posts of J.B.T. teachers in the year 1995. In response thereto, the petitioner applied for the post and on the basis of the qualifications, she was holding, was called for interview on June 28, 1995. She was selected as J.B.T. Teacher and the District Education Officer, Hoshiarpur was instructed to issue letter of appointment in the pay scale of Rs. 1200-2100 with initial pay of Rs. 1200 plus other allowances admissible from time to time. The letter of appointment was issued vide letter dated September 11, 1995 and the petitioner joined as J.B.T. Teacher in Government Primary School, Dulmiwal Block, Dasuya-II on September 21, 1995. She was confirmed with effect from September 21, 1997 vide communication dated May 10, 2000.

(3.) In 2002, the Block Primary Education Officer, Dasuya-II, Hoshiarpur directed the petitioner to get her certificates verified from the District Education Officer, Hoshiarpur. Compliance was made accordingly. Surprisingly, notice dated June 5, 2003 was received by the petitioner intimating that she had passed Diploma in Education of Madhya Pradesh and that the said Diploma was not recognized by the State of Punjab, therefore, why her services be not terminated within 15 days from the receipt of the notice. The petitioner submitted detailed reply to the notice disclosing that the Diploma passed by her was duly recognized and the same has been issued by the Institute recognized by the University Grants Commission. It has also been pleaded that the State of Punjab de-recognized the said Diploma with effect from August 29, 1990 and before this date, the said Diploma was duly recognized. Thus, she was not at fault and that she had been validly selected. She was given personal hearing on August 25, 2003 and thereafter order of termination was passed on January 15, 2004, copy Annexure P-18 and she was relieved on 27/28.01.2004 vide order, copy Annexure P-19.