71 91 r t b9 4 CWP Nose1353117355 12463 12525 1371713801 14704 1 41 1 12289and 14702of2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHe DATE OF DECISION 30 e602010 1eCWP Noe13531of2009 W 1f 0 4 Petitioners Versus D StateofPunjaband others 2eCWP N0012463of2009 Z S Baljit Kaur 0 Petitioner Z Versus Olj n StateofPunjaband others 7 P 3eCWP Noe14274 of2009 1 Kamlesh Kumari e e Petitioners Versus StateofPunjaband others 4CWP Noe13717 of2009 Kaur and others Petitioners Versus StateofPunjaband others lespondents 5eCWP Noe12525 of2009 4 Anita 2014.04.11 13: 05 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 72 4 r 1 e 43 e 9 Pn CWPNose1353117355 12463 12525 1371713801 14704 2 12289and 14702of2009 JaswinderKaur andothers etitioners Versus StateofPunjaband others 6eCWPNoe14704of2009 Tek Chandand another t0 Petitioners 0 4 Versus StateofPunjab and others 7eCWPN017355 of2009 RajniDhall Z Petitioners 1 Versus StateofPunjaband others 021 8eCWPNoe12289of2009 C1O 4 PW9 Vikram Singhetc 73 D a e Petitioners Versus StateofPunjabetc espondents 9eCWPNo3801 of2009 MrsPranshaktiandothers Oetitioners Versus StateofPunjabandothers espondents 100CWPNoe14702of2009 1 Anita 2014.04.11 13: 05 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 73 IJ A wd 44 r t e 1 t CWP Nose1353117355 12463 12525 13717 13801 14704 3 1 12289and 14702of2009 Petitioners Versus StateofPunjab and others CORAM HONBLE MRTUSTICE PERMOD KOHLI t 0 PRESENT Mranjiv GuptaMrBPSVirk 4 IvhRinder SinglaMrAminder Singh MrPeeush Dadwal MrChaman Lal Advocate for thepetitioners D MrPCGoyal AddlAG Punjab 4 Z 2 r Permod KohIiJe 4 In view of the common questions of facts and law these writ 021 1 petitions are being ofbythis common order All the writ petitions 2 exceptCWP Nos4274 and 13531 of 2009 were heard on 6A2010 1z L whereasabove referredtwo writ petitions were heard on 8 and 9 April2010 and reserved to be disposedof the 1 originalbunch of writ petitions The petitioners in all these writ petitions are workingas volunteers for running GuaranteeScheme EGS for teaching childrenin 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 1 Anita 2014.04.11 13: 05 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 74 S a 05 CWP Nos13531 17355 12463 12525 13717 13801 14704 4 12289and 14702 of2009 identifyeligible persons for admission to DEd course lbsequently clarified as ETT Course9The eligibilityconditions prescribedin the said publicnotice were as underl lThat the applicantmust have passed1042 or equivalent examination m 0 2That the applicant must havepassedthe Punjabi 0 examination upto10 class Cm0 3On the date of submitting the application dt C5 2572008 the age of the applicantmay not be 4 below than 18 years and should not be more than Z 42 yearSe m L1 4That the applicantmust have taughtfor two SC yearsin the Education GuaranteeSchemeCentres 08 CO EGS as EGS Volunteers run byPunjab 45t State 55 vm Z The last date for submissionof application was 25th July 2008 It 1S lm statedthat the petitioners beingeligiblesubmittedtheir within theprescribed time Aforesaid publicnotice was followed byanotherpublic notice AnnexureP49seekinginfonnation and identityfor eligflble C candidates for admission to ETT course This publicnotice vTas lIl modiflcation of the earlier publicnotice Followingmodifications were notiSed 1That maximum age of 42 years mentioned lIl theearlieradvertisementin Eligibilitycolumn no A is beingremoved 2 The Dd published in the earlier advertisement Anita 2014.04.11 13: 05 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 75 r e 1r 4r CWP Nose13531 17355 12463 12525 13717 13801 14704 5 12289and 14702 of2009 maybe read as ETT 3Rest of the instructions Will remain same as publishedin the advertisementdt 16708 4This advertisementis only for the purpose to gatherthe information of the identityof the S C eligiblepersons 0 5Applicationsshould reach by 209 through C post before the Principal Distt C5 e Education and Social Welfare Institutions e 6The applicationwho have alreadysubmitted 2 their application in referenceto the advertisem2nt U2 t theyshould not to resubmitthe same and those 1 151 candidateswho could not submit their Oll 0 by25708 theycan now submitthe r Another publicnotice was issued by the SCERT Punjabdated Z 0 2372009 in continuation to earlier advertisementdated 1672008 and Itl 2312009 wherebycondition of having500Iomarks in 1042 ili 4eneral Category and 45Io marks for ScheduledCaste Category was laid down It was alsoprescribed that the EGS volunteers applicants should have passed Punjabiupto 10 Class and certificatel percentageof marks J would be consideredduringthecounseling which was notified to be held on 25 July 2009 The petitioners through their EGS Teacher Union Punjab submittedtheir to the Director objecting to the condition of 50 rnarksfor General and 45Io marksfor the reservedcategorycandidates ln the publicnotice dated 2372009 In the meanwhile anotherpublic e e notice dated172009 was issued10 continuation to earlier threepublic Anita 2014.04.11 13: 05 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 76 5 r 0 e CWP Nosl3531 17355 12463 12525 13717 13801 14704 6 12289and 14702 of2009 noticesdated 1672008 2312009 and 2372009 respectivelyreiterating the eligibilityconditions of 500Iomarks for General Categoryand45Io rnarksfor reserved categories inl042 examination Even the candidateswho passed in the flrst counselingand who had not passedPunjabitill 222009 0e and also thecandidateswho had not deposited the fee and ase willingto tw m C depositthe fee were further called for counselingon 192009 The r 0 have challenged the publicnotlce dated 237 2009 172009 0 the condition of 500Ioand450Iomarks for General and Reserved Z C respectively was introducedas eligibilityfor admission to ETT e course The contention of the 1S that by 1SSUlng Z r publicnotices the originaladvertisementnotice 1S e sought to be amendedwhich is in law The Statehas flled a 1 detailedreplyIt is stated that the originalpublicnotices dated 1672008 r and 231 2009 were in fact not the advertisementnotices These notices 13 W2 were issuedonlyfor collection of informationto identi67 eligiblecandidates Z from EGS volunteers It is further stated that the publicnoticesdated 0 2372009 and 1782009 thoughissued by way of but ln fact 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 em which regulates the impartingof ETT and other Teacher TrainingC0urses 111the countryThe Statehas also placed on record Annexure Ral which 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 condition readsas under1 Anita 2014.04.11 13: 05 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 77 4 CWP No3531 17355 12463 12523717 13801 1470 7 12289and 14702of2009 32 Eligibility 322 Candidate with at least 500Iomarks in the senioritysecondary 322 The reservation for SCISTIOBC and other shall be as per the rules of the Central 1 CL GovemmentlState Government whichever 1S 0 applicableThere shall be relaxation of 50Iomarks C 111favour of SCISTIOBC and other categoriesof C5 candidatese 55 r Thoughthe State relied upon the norms prescribed by the NCTE Z however the NCTE was not a partyto the petitionVide interocutory V t order dated 20102009 passedln some of the writ petitionsincluding CWPN02463 of 2009 NCTE was impleaded as party and 05 0 askedto file its replyNCTE has alsofiled its replysupporting the standof 4r SS the Stateas regardtheeligibilityprescribed for admissionto the course It is Z statedthat under 2005 Regulation and norms and standardfor Llw TeacherProgrammetheeligibility was at least45Io marksin the or its equivalent examination However these were substitutedby 2007 wherein the minimum marks were at Ieast 50Io in the Sr Examination with relaxation of 50Iomarks in case of ReservedCategoriesIn view of the above stand of the NCTE the eligibilityprescribed by the Statevide its notiflcationsdated2372009 and 1782009 cannot be said to be illegalIt 1S also relevant to notice that the flrst two publicnotices dated 1672008 and 232009 speciflcallymention about the information to identifythe eligiblecandidates Paragraph 2 of the aforesaid publicnotice reads as Anita 2014.04.11 13: 05 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 78 1 V 36 CWPNosl3531173551246312525137171380114704 8 12289and14702of2009 under The eligibilityand identityfor eligiblecandidatesfor admission to ETT Cours It is evident that publicnotice dated 237 2009 prescribesthe mlnlmum for General and ReservedCategories Leamed counsel 1 0 for thepetitioners has relied upon two of this Court In the case 0 of Subhash Chandra vse The Institute of Medical O Education and Research Chandigarhand another 199731RSJ 346 it C has been held that the admission brochure cannot be permitted to be amendedor altered at the stageA similar view has beenheld in 2 thecase 0f Munish Khandtljavse Guru Jambheshwar UniversiorHisar m and others 20031 RSJ 463 In thepresentcase the questionis of the eligibilityThe flrst two publicnoticesreliedupon bythepetitioners are 111 06 CLl fact not the complete brochureforadmission The conditionin mw theaforesaidnoticesis regarding the informationin respectofthe eligibility Z ofthe EGS Volunteers These notices were followed bytwo publicnotices CL layingdown the eligibilityas per the norms laid down by the NCTE It 1S also pertinentto note that as per the replyfiled by the NCTE these eligibilityconditions have been laid down by the statutory framed by the NCTE The statutorycondition laid down cannot be 4J with These conditions have to be followed beingessential eligibility for admission to the course Theseepetitions were filed for admission to the Course duringthe session 20092010 It is more than one year Otherwise also at this belated stageno relief can be granted to the In CWP Nos12525 and 13713of 2009 the petitioners havealso placed on record a publicnotice Anita 2014.04.11 13: 05 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 2 R V ee CWP Nose13531 17355 12463 12525 13717 13801 14704 9 12289and 14702 of2009 dated 262010 wherein the EGS volunteers have been given special chance to improve the percentageIt is contended on behalf of the petitioners that the petitioners are entitled to improvetheir percentageand theymay be permitted to do SO Suffice it to say that if the petitioners are entitledto improvetheir percentagein terms of the aforementionedpublic 1 C notice theyare at libertyto do so On of their percentage 0 theywill otherwise becom6 eligibleto applyand seek admission to the Ca Course However this is possibleonlyfor future admissions The Current 0 Academic Session commenced more than one year back and thus the t are not entitledto seek any benefit of this publicnotice at this Z stage Lr In view of the above I find no merit in these writ petitions mrm 5 Dismissed No order as to costs 08 Copyofthis order beplacedon record on eachconcemed flle L10 t 3 Z JV 1 Om PERMOD KOHLI9 JUDGE 3 0 6 2010 MFlK NoteWhether to be referredto reporteror notYESINO Anita 2014.04.11 13: 05 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document