ANIL SHUKLA Vs. NATIONAL COUNCIL FOR TEACHER EDUCATION

JUDGEMENT

(1.) THE petitioner is a Post-graduate being M. Sc. in Chemistry and also possession the degree of Ph. D. , was employed as a Principal in the regular selection scale in Swami Pranavanand Mahavidhyalaya, Chattarpur which is a registered Educational society under the Societies Registration Act. Respondent No. 1 i. e. National Council for Teachers Education (here-in-after referred to as the Council) which is a creature of the statute with the objects to achieve plan and gravity development of the Teachers Education System in the country and to regulate and proper maintenance of norms and standards of the Teachers Education System. THE Parliament had enacted National Council of Teachers Education enacted National Council of Teachers Education Act 1993 which was enforced and made effective from 1. 7. 1995. THE council was empowered to frame regulations governing the appointment and conditions of services of the officers and other employees of the council.

(2.) THE council respondent No. 1 had invited applications through advertisement dated 15. 9. 1995 for various posts vide Annexure-2. THE petitioner was also one of the candidate for such appointment. He was fulfilling the conditions of eligibility. THE selection committee constituted by the Council found the petitioner to be suitable on the post of Regional Director after holding the interviews of eligible candidates and the petitioner was so appointed on 5. 3. 1996 vide Annexure-3. In compliance of the appointment order dated 5. 3. 1996, the petitioner had joined the post of Deputy Secretary/regional Director on 26. 3. 1996.

(3.) FACED with the above-said situation, the petitioner once again asked the respondent No. 1 to decide his status as he was not relieved by the council to join his former employer by way of his request Annexure-13 on 1. 7. 1998 and again Annexure-14 on 30. 1. 1999, Annexure-15 dated 4. 2. 1999, Annexure-16 dated 11. 2. 1999 asking the council to regularise the services without any further delay. On 25. 2. 1999 i. e. much after the former employer of the petitioner had terminated the services of the petitioner for not joining back, the council had decided to repatriate the petitioner Dr. Shukla on completion of deputation of three years by informing his earlier employer. The petitioner was asked to hand over the charge vide order dt. 8. 3. 1999 (Annex.- 18 ).