60 CWP Nose1353117355 12463 12525 1371713801 14704 1 12289and 14702of2009 1 1 X3 5 IN THE HIGH COURT OF PUNJAB AND CHANDIGARHe DATE OF DECISION 30 0602010 1eCWP N013531 of2009 m t WalityRam and others 0 0etitioners Versus StateofPunjaband others 2espondents 2eCWP N0012463of2009 Z 4 2 BaljitKaur C2 4 Petitioner Versus 021 StateofPunjaband others W P 3eCWP Noe14274 of2009 1 Kamlesh Kumari Petitioners Versus StateofPunjab andothers 4CWP Noe13717 of2009 Kaur andothers Petitioners Versus StateofPunjaband others 5eCWP Noe12525 of2009 Ir 1 r9 WP5r7tsiP mm 0nm d114144404Wve 251554 zr 60eIr744 19 1 e O eee 14 775 n rr 4429MrSS1SW2Ze 2n 4 Uma 2014.04.03 16: 17 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 61 1 6 1 v 1 CWP Nose1353117355 12463 12525 13717 13801 14704 2 12289and 14702of2009 Jaswinder Kaur andothers 0etitioners Versus StateofPunjaband others 6eCWP N0014704 of2009 Tek Chandandanother m C etitioners 0 Versus StateofPunjab and others 7eCWP No7355 of 2009 4 RajniDhall Z Petitioners Versus StateofPunjaband others c2j 8eCWP Noe12289 of2009 a0 17 VikramSinghetc 7 V Oetitioners Versus StateofPunjabetc 9CWP N0013801of2009 MrsPranshaktiandothers Petitioners Versus StateofPunjaband others n e 100CWPN0014702 of2009 6 TaranjitKaur Uma 2014.04.03 16: 17 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 62 1 4 vnPe f t i CWP 3 1 12289and 14702of2009 0etitioners Versus StateofPunjaband others CORAM HONBLE MRTUSTICE PERMOD KOHLI 1 1 0 PRESENT2 MrSanjivGuptaMrPS Virk MrlajinderSinglaMrAminder Singh MrPeeush Dadwal MrChamanLal Advocatefor thepetitioners MrPCGoyalAddlAGe PU 2 Permod Kohli Je In view of the common questions of facts and law these writ C8 CQ are beingdisposedofbythis common order All the writ petitions t em exceptCWP Nos4274 and 13531 of 2009 were heard on 6A010 Z n whereasabove referred two writ petitions were heardon 8 and 9 lw and reserved to be disposedof alongwiththe 1 original bunch of writ petitions Thepetitioners in all these writ petitions are workingas volunteers forrunning GuaranteeScheme EGS9for teaching children in the The EGS Centres were opled under the GuaranteeScheme by the Government of India under Sarv Shiksha StateCouncil of Education Researchand PunjabChandigarh issueda publicnotice inviting to Uma 2014.04.03 16: 17 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 63 1 1 l 1 CWP Nose13531 17355 12463 12525 13717 13801 14704 4 12289and 14702 of2009 identifyeligible persons for admission to Dd course subsequently clarifled as ETT CourseoThe eligibilityconditions prescribedin the said publicnotice were as underl 1 That the applicantmust have passed1042 or equivalent examination 1 r 2That the applicant must have passed the Punjabi 0 examinationupto10 class C 3On the date of the applicationdt C5 2572008 the age of the applicantmaynot be I r below than 18 yearsand should not be more than 2 42 years 12 C e 4That the applicantmust have taughtfor two yearsin the Education GuaranteeSchemeCentres c6 OQ EGS Centres as EGS Volunteersrun byPunjab State 99 Z The last date for submissionof application was 25th July 2008 It 1S I1 statedthat the petitioners beingeligiblesubmittedtheir within theprescribed time Aforesaid publicnotice was followed byanotherpublic notice AnnexureP9 seekinginformation and identityfor eligflble C candidatesfor admission to ETT course This publicnotice was lIl modification of the earlier publicnotice Followingmodiflcations were notifledl 1That maximum age of 42 years mentioned 111 the earlier advertisementin Eligibilitycolu nOe A is beingremoved 2 The DEd published in the earlier advertisement Uma 2014.04.03 16: 17 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 64 1 r2 1 0 CWP N0se1353117355 12463 12525 13717 13801 14704 5 12289and 14702 of2009 maybe read as ETT Rest of the instructions will remain 3ame as publishedin the advertisement dt 16708 4This advertisement1S only for the purpose to gatherthe informationof the identityof the m C eligiblepersons 0 5Applicationsshould reach by 2209 through Cee3 registeredpost before the Principal Distt C Education and Social Welfare Institutions C 6eThe applicationwho have alreadysubmitted Z their application in referenceto the advertisement CL 1 theyshould not to resubmit the same and those candidateswho could not submit their e S4 m by25708 theycan now submitthe 1 WA71 Another publicnotice was issued by the SCERT Punjabdated 2 232009 111 continuation to earlier advertisementdated 1672008 and tl 2312009 wherebyconditionof having50Io marks in 1042 in General Category and 450Iomarks for ScheduledCaste Category was laid down It was also prescribedthat the EGS volunteersapplicants should have passed CJ Punjabiupto 10 Class and experiencecertificatel percentage of marks would be consideredduringthecounseling which was notified to be held On 25 July 2009 The petitioners through theirEGS TeacherUnion Punjab submittedtheir to the Director to the conditionof 50Io marksfor General and450Iomarksfor the reservedcategorycandidates 111the publicnotice dated 2372009 In the meanwhile anotherpublic notice dated 1782009 was issued in continuation to earlier threepublic Uma 2014.04.03 16: 17 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 r L 0 rIl CWP Nose13531 17355 12463 12525 1371713801 14704 6 12289and 14702 of2009 notices dated 1672008 2312009 and 2372009 respectivelyreiterating the eligibilityconditions of 500Iomarks for General Categoryand45 rnarks for reserved categories inl042 examination Even the candidates who passedin the first counselingand who had not passedPunjabitill 22009 and also the candidateswho had not deposited a the fee and a0e willingto m l4 depositthe fee were further called for counselingon 1982009 The t 0 petitionershave challenged the publicnoticedated 2372009 172009 0 whereby the condition of 500Io and450Iomarks for General and Reserved 9 Categories respectively was introducedas eligibilityfor admission to ETT 11 course The contention of the 1S that by 1SSUlng 2 publicnotices the originaladvertisementnotice 1S 0 soughtto be amendedwhich is lIl law The Statehas flled a 1 detailedreplyIt is statedthat the originalpublicnotices dated 1672008 025 17 and 2312009 were in fact not the advertisementnotices These notices 4 were issuedonlyfor collection of informationto identifyeligiblecandidates 2 from EGS volunteers It is furtherstated that the publicnotices dated 11 2372009 and 1782009 though issued by way of but in f2ict the publicnotices laid down the for admission for Teacher Training Further stand of the State is that the eligibilityconditions have been laid down by the NCTE the apex body ee which regulates the imparting of ETT and other Teacher TrainingCourses 111the countryThe Statehas also placedon record Annexure Rwhich is Appendix2 of the norms and standards for Teacher issued by the NCTE Under 32 of the said notiflcationthe for admissionto BEd Course are The conditionreadsas under Uma 2014.04.03 16: 17 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 0 1 CWP Nos3531 17355 12463 12525 13717 13801 14704 7 12289and 14702 of2009 32 Eligibility 32 Candidate with at least 50Io marks in the senioritysecondary 32 The reservation for SCISTIOBC and other shall be as per the rules of the Central 1 tr GovemmentlState Government whichever 1S 0 applicableThere shall be relaxation of 5Io marks Cmo in fvour of SCISTIOBC and other categories of 0 candidates 53 Thoughthe Staterelied upon the norms prescribed by the NCTE 2 however the NCTE was not a partyto the petitionVide interlocutory e t2 order dated 2002009 passedln some of the writ petitionsincluding CWPN012463 of 2009 NCTE was impleaded as party and O Ct askedto file its replyNCTE has also filed its replysupporting the standof e the Stateas regardtheeligibility for admissionto the course It is Z statedthat under 2005 Regulation and norms and standardfor Clm Teacher theeligibility was at least450Iomarksin the Srecondary or its equivalent examination However these were substitutedby 2007 wherein the minimum marks were at least 500Ioin the Sr Examination with relaxation of 50Iomarks ln case of Reserved CategoriesIn view of the above stand of the NCTE the eligibilityprescribed by the Statevide its notificationsdated2372009 and 1782009 cannot be sid to be illegalIt 1S also relevant to notice that the flrst two publicnotices dated 1672008 and 232009 specificallymention about the information to identifythe eligiblecandidates Paragraph2 of the aforesaid publicnotice reads as Uma 2014.04.03 16: 17 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 r L Z7 N0Se135317355 12463 1252513717 13801 14704 8 12289 and 14702of2009 under The eligibilityand identityfor eligiblecandidatesfor admission to ETT Cours It is evident that public notice dated 2372009 prescribesthe mlnimum percentage fOr General and ReservedCategories Learned counsel m Q for the petitioners has relied upon two of this Court In the case 0 of Subhash Chandra VSe The Institute of Medical 0 Education and Research Chandigarh and another 1997 RSJ 346 it C has been held that the admissionbrochurecannot be permittedto be amendedor altered at the stageA similar view hasbeenheld Z 111 2 thecase of Munish Khanduja VSe Guru JambheshwarUniversityHisar C 4 and others 200231 RSJ 463 In the presentcase the questionisofthe eligibilityThe first two publicnoticesrelied upon bythepetitioneare 03t lIl CQ fact not the complete brochurefor admissionThe e conditionin m1 theaforesaidnoticesis regarding the informationin respect Z of the eligibility ofthe EGS VolunteersThese notices were Om followedbytwo publicnotices layingdown the eligibility as per the norms laid down bythe NCTE It 1S also pertinentto note that as per the replyflled by the NCTE these eligibilityconditionshave been laid down by the statutory framed by the NCTE The statutorycondition laid down cannot be emd 0 with These conditionshave to be followed beingessential eligibility for admissionto the course These petitionswere flled for admissionto the Course duringthe sesslon 20092010 It is more than one year Otherwisealso at thisbelated stageno relief can be grantedto the petitionersIn CWP Nosl2525 and 13713 of 2009 the petitionershave also placedOO record a publicnotice Uma 2014.04.03 16: 17 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Cr CJL 1 CWP N0se13531 17355 12463 12525 13717 1380114704 9 12289and 14702of2009 dated 2622010 wherein the EGS volunteers have been given special chance to improve the percentageIt is contended Oll behalf of the petitioners that the petitioners are entitled to improvetheir percentageand theymay be permittedto do SO Sufflce it to say that if the petitioners are entitledto improvetheir percentage ln terms of the aforementionedpublic 1 C notice theyare at libertyto do SO On of their percentage 0 theywill otherwisebecome eligibleto applyand seek admissionto the 0 Course However this is possibleonlyfor ture admissions The Current C Academic Session commenced more than one year back and thus the petitlonersare not entitled to seek any benefit of this publicnotice at this Z stage Q In view of the above I flnd no merlt lIl these writ petitions Dismissed No order as to costs 021 00 Copyofthis order be placed on record on eachconcernedfile mvmo 2 JJVv 1 CL PERMOD KOHL JUDGE 30 62010 IVIFK NotelWhetherto be referredto reporteror notYESINO ta IJO ol 784v Io IP Uma 2014.04.03 16: 17 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document