64 t 6 46 t 1 eG IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHe DATE OF DECISION 30 0602010 1 1eCWP Noe13531of2009 WalityRam and others 0 0etitioners Versus D StateofPunjaband others espondents Z 2eCWPN0e12463of2009 Z 2 BaljitKaur 4 e eePetitioner 3 Versus 021 StateofPunjaband others 9 P 3eCWP Noe14274 of2009 1 Kamlesh Kumari Petitioners Versus StateofPunjaband others e 4eCWP Noe13717 of2009 Kaur and others Petitioners Versus StateofPunjaband others SeCWP Noe12525 of2009 Suresh Kumar 2014.04.18 10: 28 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 65 1 V 11 e4e il 1 CWP Nose1353117355 12463 12525 13717 13801 14704 2 12289and 14702of2009 Jaswinder Kaur and others Petitioners Versus StateofPunjab and others 6eCWPN0014704of2009 Tek Chand and another P e e Petitioners 0 Versus StateofPunjab and others espondents 7eCWPN0017355of2009 RajniDhall Z 5 e e ePetitioners L1 e Versus 021 StateofPunjab and others 8eCWPNoe12289of2009 r Im VikramSingh 9 etc Petitioners Versus StateofPunjab etc 0e 9eCWP Noe13801of2009 MrsPranshaktiand others Petitioners Versus StateofPunjaband others 7espondents 100CWPNo14702 of2009 Suresh Kumar 2014.04.18 10: 28 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 66 1 Ps 6 WW4 ll 11 t CWP Nosl3531173551246312525137171380114704 3 12289and 14702of2009 Petitioners Versus StateofPunjab and others CORAM HONBLE MRJUSTICE PERMOD KOHLI w 0 0 PRESENT2 MrSanjivGuptaMrBPSVirk 4 Mrl2ajinderSinglaMrAminder Singh MrPeeush Dadwal MrChaman Lal Advocate for thepetitioners D MrPCGoyal AddlAG Punjab Z 2 tr Permod Kohli Je 1 In view of the common questions of facts and law thesewrit 05 petitions are beingdisposedofbythis common order All the writ petitions V exceptCWP Nosl4274 and 13531 of 2009 heard on 6A2010 were Z 1 whereas above referred two writ petitions were heard on 8 and 9 April2010 and reserved to be disposedof alongwiththe 1 originalbunch of writ petitions The petitioners in all these writ petitions are workingas volunteers for running GuaranteeScheme EGS for teaching children in the villagesThe EGS Centres were opned under the Guarantee Scheme sponsoredby the Government of India under Sarv Shiksha AbhiyanProgrammeStateCouncil of Education Research and TrainingPunjabChandigarh issued a publicnotice inviting to Suresh Kumar 2014.04.18 10: 28 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 67 t 9 1 eV 1 CHTP 4 12289and 14702of2009 identifyeligible persons for admission to DEd course claried as ETT Course9The eligibilityconditions prescribed 111 the said publicnotice were as underl leThat the applicantmust have passed1042 or equivalent examination a 0 2nThatheapplicant must have passedthe Punjabi 0 examination upto10 class C40 3On the date of the application dt 9 25 72008 the age of the applicantmay not be belowthan 18 years and shouldnot be Z more than e 42 years C IC 4eThat the applicantmust have taughtfor two S years lIl the EducationGuaranteeSchemeCentres K C10 EGS Centres as EGS Volunteersrun byPunjab t W State 35 2 The last date for submissionof application Om was 25th July 2008 1S statedthatthepetitioners beingeligiblesubmittedtheir within theprescribed time Aforesaidpublicnotice was fOllowedbyanotherpublic notice seekinginformationand identityfor eligfible C candidatesfor admission to ETT course This publicnotice was ln rnodiflcationof the earlier public notice Followingmodiflcations were notifledl leThat maximumage of 42 years mentioned111 the earlier 111Eligibilitycolumnno A is beingremoved 2 The DEd published 111the earlier Suresh Kumar 2014.04.18 10: 28 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 68 r 4 1 V 112463 12525 13717 13801 14704 12289and 14702of2009 5 maybe read as ETT Rest of the instructionswill remain same as publishedin the advertisement dt 16708 4This advertisementis only for the purpose to gatherthe infonnationof the identityof the m C1 eligiblepersons 0 should reach by 0 2209 through registered post before the Principal Distt C Educationand Social WelfareInstitutions C 6eThe applicationwho have already 2 submitted theirapplication in reference a to the tr theyshould not to resubmitthe same and those 08 110 by25708 theycan now submitthe 31 mw Another publicnotice was issued by the SCERT Punjab 2 dated 232009 111 continuationto earlier tlm dated 162008 and 232009 wherebyconditionof having50Io marks 1111042 in General and 45Io marks for ScheduledCaste was laid down It was alsoprescribedthattheEGS volunteersapplicants shouldhavepassed C Punjabiupto 10 Class and experiencecertiflcatelpercentage of marks was notifledto beheldon 25 July 2009 The their EGS Teacher Union Punjab submittedtheir representation to theDirector to the conditionof 50Io marks for Generaland 45Io marksfor the reserved categorycandidates lIl the public notice dated 2372009 In the meanwhile another public notice dated1782009 was issued in continuationto earlier threepublic Suresh Kumar 2014.04.18 10: 28 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 69 11 l el NOS0135317355 12463 12525 13717 1380114704 6 12289and 14702 of2009 notices dated 1672008 232009 and 2372009 respectively the eligibilityconditions of 50Io marks for General Categoryand45 marksfor reserved categories inlO2 examination Even the candidateswho passedin the flrst counselingand who had not passedPunjabitill 22009 and also the candidateswho had not deposited the fee and c0re 8me willingto 1 t depositthe fee were further called for on 1982009 The 0 petitionershave the public It notice dated 2372009 1782009 Co wherebythe condition of 500Ioand45Iomarks for General and Reserved C Categories was introducedas eligibilitvfor admissionto ETT 4 course The contention of the petitioners1S that by 1SSUlng 2 r publicnotices theoriginal notice m 1S CL soughtto be amendedwhich is i 111law The Statehas flled a detailedreplyIt is statedthat the originalpublicnotices dated1672008 06 12 and 2312009 were ln fact not the notices These notices Ct 3 were issuedonlyfor collectionofinformationto identifyeligiblecandtes Z from EGS volunteers It is furtherStatedthat the publicnotices dated Llm 2372009 and 172009 though issued byway of but 111 fact the public notices laid down the for admissionfor Teacher Training FUrther stand of the state is that the eligibilityconditionshave been laid down by the NCTE the apex body m which regulates the of ETT and other TeacherTraining Courses lIl the countrYeThe Statehas also placedon record Annexure Rl which 1S Appendix2 of the norms and standards for Teacher issued by the NCTE Under 32 of the said notiflcationthe for admissionto BEd Courseare The condition readsas under Suresh Kumar 2014.04.18 10: 28 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 70 1 1 1 l v 1J 7 12289 and 14702of2009 32 Eligibility 322 Candidate with at least 50Io marks in the seniority 322 The reservation for SCISTIOBC and other categories shall be as per the rUlesof the Central 1 C Government whichever 1S 0 applicableThere shall be relaxation C of 5Io marks ln favourof SCISTIOBCand other categoriesof C5 candidateSe t2 Thoughthe State relied upon the norms prescribedby the NCTE Z howeverthe NCTE was not a partyto the petitionVide C order dated 20102009 passed ln some of the writ petitionsincluding 06 CWPN012463of 2009 NCTE was impleaded as party respondentand CO askedto flle its replyNCTE hasalsoflled its replysupporting thestandof r n the Stateas regardtheeligibility prescribed for admissionto the course It is statedthat under 2005 Regulation and norms and standardfor lm Teacher theeligibility prescribed was at least4o marksin the or its equivalentexaminationHowever these regulations 1 were substitutedby 2007 wherein the minimum marks prescribedwere at least 50Io 111the Sr Examinationwith relaxationof 5Io marks in case of ReservedCategoriesIn view of the abovestand of the NCTE the eligibilityprescribedby the State vide its notiflcationsdated2372009 and 1782009cannot be sa to be illegalIt 1S also relevantto notice that the flrst two publicnotices dated 1672008 and 231 2009 mention aboutthe informationto identifythe eligiblecandidates 2 of the aforesaidpublicnotice reads as Suresh Kumar 2014.04.18 10: 28 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 71 L 101 8 12289 and 14702of2009 1 underl The eligibilityand identityfor eligiblecandidatesfor admissionto ETT Course It is evident that public notice dated 2372009 prescribesthe mlnlmum percentage for Generaland Reserved Learnedcounsel a r for thepetitioners has relied upon two of this Court In the case 0 of Subhash Chandra VS The Institute of Medical 0 Educationand Research Chandigarh and another 1997 RSJ 346 it has been held that the admissionbrochurecannot be permittedto be t amendedor alteredat the stage 2 A similar view hasbeenheld 111 the case of Munish Khanduja vse Guru JambheshwarUniversity Hisar Q and others 200231 RSJ 463 In the presentcase thequestion isofthe eligibilityThe flrst two publicnoticesrelied upon by the 08 petitioners are in C10 fact not the complete brochurefor admissionThe Cb conditionin awm the aforesaidnotices 2 ls regarding theinformation in respectofthe eligibility ofthe EGS VolunteersThese Ll noticeswere followedbytwo publicnotices layingdown the eligibility as per the norms laid down bythe NCTE It 1S also pertinentto note that as per the replyfiled by the NCTE these eligibilityconditionshave been laid down by the statutoryregulations framed by the NCTE The statutorycondition laid down ee cannot be with These conditionshave to be followedbeingessential eligibility for admissionto the course Thesepetitionswere flled for admissionto the Courseduringthe sesslon 20092010It lS more thanone year OtherwisealSOat this belated stageno relief can be grantedto the petitionersIn CWP Nos12525and 13713 of 2009 the petitionershavealso placedon record a publicnotice Suresh Kumar 2014.04.18 10: 28 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 0 4 C 4 5r J No1 17355 12463 12525 1371713801 14704 9 12289and 14702 of2009 dated 2622010 wherein the EGS volunteers have been givenspecial chance to improve the percentageIt is contended on behalf of the petitioners that thepetitioners are entitledto improvetheir percentageand theymay be permittedto do so Suffice it to say that if the petitionersare entitledto improvetheir percentage in terms of the public C notice theyare at libertyto do so On of their percentage 0 theywill otherwisebecomeeligibleto applyand seek admissionto the Ca Course However this is possibleonlyfOr ture admissionsThe current C AcademicSession commenced more than one year back and thu the J petitioners are not entitled to seek any benefitof this publicnotice at this Z stage r In view of the above I find no merit 111 these writ petitions DismissedNo order as to costs 08 OO Copyofthis order be placed on record on eachconcernedflle e 2 1QJv 1 Lle PERMOD KOHLII 30 JUDGE e6e2010 MFK NoteWhetherto be referredto reporteror notYESINO L5 1 P 1 0 Io Suresh Kumar 2014.04.18 10: 28 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document