LAWS(P&H)-2008-10-90

RAM GOPAL Vs. STATE OF HARYANA

Decided On October 30, 2008
RAM GOPAL Appellant
V/S
State Of Haryana And Ors. Respondents

JUDGEMENT

(1.) THROUGH this writ petition the Petitioner is paying for issuance of a writ of certiorari to quash the order dated 13th April, 2007 Annexure P -7 passed by the Director, Secondary Education, Haryana Respondent No. 2, - -vide which order dated 3rd June, 2005 passed by the District Eduction Officer, Kaithal, Respondent No. 3 has been set aside.

(2.) THE case of the Petitioner is that he was appoinated as Social Studies Master by duly constituted Selection Committee in Hindu Senior Secondary School, Kaithal, which is a Government aided private school. The Petitioner was appointed, - -vide letter dated 30th July, 2000. During the period of probation, - -vide order dated 3rd June, 2003 the services of the Petitioner were terminated by the Management of the Hindu Senior Secondary School, Kaithal. On the date of his appointment Haryana Aided School (Security of Service) Act 1971 (hereinafter referred to as 1971 Act) and Haryana Aided School (Security of Service) Rules, 1974 (hereinafter referred to as 1974 Rules) were applicable. However, - -vide notification dated 30th July, 2001, the Haryana School Education Act, 1995 was enforced. Section 25 of the said Act provided for repealing of the earlier Act which reads as follows:

(3.) UNDER the Haryana School Education Act, 1995 (hereinafter referred to as 1995 Act) the State of Haryana framed Haryana School Education Rules, 2003 (hereinafter referred to as 2003 Rules) which were notified on 30th April, 2003. Rule 87 of the said rules deals with cases of probation which reads as follows: