VINITA Vs. HARYANA SCHOOL SHIKSHA PARIYOJNA PARISHAD

JUDGEMENT

(1.) The petition has been filed inter alia seeking a writ of certiorari quashing the order dated 17/23/7/2019, Annexure P-3, whereby the petitioners have been discontinued in service by the respondent/Haryana School Shiksha Pariyojna Parishad (hereinafter referred to as 'Parishad').

(2.) Brief facts of the case are, the Parishad is an agency to implement the programmes of the Government of India, namely, Sarva Shiksha Abhiyan (for short, 'SSA') and Rashtriya Madhyamik Shiksha Abhiyan (for short, 'RMSA'). Of late, both these programmes have been subsumed in another programme, 'Samagra Shiksha'. The Government of India and the State Government are providing funds for it in the ratio of 60:40.

(3.) In this factual background, learned senior counsel contended that the petitioners were appointed after advertisement and considering the claims of all eligible persons. They worked as Drawing Teachers and PTIs for seven to twelve years and their work and conduct was also satisfactory. Still, their services have not been taken over by the Parishad, as has been done with respect to other staff members of KGBVs. He also relied upon a letter dtd. 20/8/2019, Annexure P-6, by the Vice Chairman of MMS Society to the State Project Director of the Parishad mentioning that the posts against which the petitioners had been appointed were duly sanctioned as part time posts. Their recruitment was never objected to by the SSA. These schools were under control of the MMS Society up to October 2014 and were thereafter taken over by the SSA along with staff and infrastructure, as the MMS Society was unable to take care of the staff of these schools. Therefore, the decision to discontinue their services should be re-considered.