SO P Nose135311736512463 12525 13717 13801 14704 1 V 12289and14702of2009 46 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION2 30 e62010 1 1eCWP Noe13531of2009 1Lr WalityRam and others 0 0 Oetitioners Versus I 0 StateofPunjaband others 2CWP Noe12463of2009 Z 2 BaljitKaur etitioner I Versus 8 StateofPunjab and others espondents 7 3eCWP No14274 of2009 1 Kamlesh Kumari Petitioners Versus StateofPunjaband others 4CWP N0013717 of2009 Kaur and others Petitioners Versus StateofPunjaband others 2espondents 5CWP N0012525 of2009 e 7e 1 Gupta Suruchi 2014.04.09 15: 01 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 51 1 S 4t 9 t 4 CWP Nose1353117355 12463 12525 13717 13801 14704 2 12289and 14702of2009 Jaswinder Kaur and others e Petitioners Versus StateofPunjab and others 6eCWP N0014704 of2009 Tek Chand and another m l etitioners 0 4 Versus Z StateofPunjaband others 7espondents 49 7eCWP N0017355of2009 I RajniDhall Z Petitioners 2 tX Versus I State ofPunjaband others 021 8eCWP N0012289 of2009 V VikramSinghetc 7 3 Petitioners Versus StateofPunjabetc 9CWP N0013801 of2009 MrsPranshakti and others Petitioners Versus StateofPunjaband others 7espondents 100CWPNoe14702 of2009 Gupta Suruchi 2014.04.09 15: 01 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 52 PA S aWm9P am t CWP Nose1353117355 12463 12525 13717 13801 14704 3 12289and 14702of2009 Petitioners Versus StateofPunjab and others 2espondents CORAM HONBLE MRJUSTICE PERMOD KOHLI m 0 PRESENT MrSanjivGuptaMrBPSVirk 4 Mrajinder SinglaMrAminder Singh MrPeeush Dadwal MrChaman Lal Advocate for thepetitioners I MrPCGoyalAddAG Punjab Z 2 1 Permod KohIi Je I In view of the common questions of facts and law these writ c8 petitions are beingdisposedofbythis common order All the writ petitions Iema exceptCWP Nosl4274 and 13531 of 2009 were heard on 6A2010 z m whereas above referred two writ petitionswere heard on and 9m April2010 and reserved to be disposedof alongwiththe 1 original bunch of writ petitions The petitioners in all these writ petitions are workingas volunteers forrunning GuaranteeScheme EGS9for teaching children in the villagesThe EGS Centres were oled under the Guarantee Scheme by the Government of India under Sarv Shiksha Abhiyan ProgrammeStateCouncil of Education Research and PunjabChandigarh issued a publicnotice inviting to Gupta Suruchi 2014.04.09 15: 01 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 53 r 41 4 1 Nose 17355 12463 12525 13717 13801 14704 4 12289and 14702 of2009 identifyeligible persons for admission to DEd course clariSed as ETT CourseOThe eligibilityconditions prescribedin the said publicnotice were as underl 1 1That the applicantmust have passed1042 or equivalentexamination 2eThatthe applicantmust havepassedthePunjabi 0 examinationupto10 class C3 I 3On the date of the applicationdt C5 I 25 72008 the age of the applicantmay not be below than 18 yearsand should not be more than Z 42 years m r 1 That the applicantmust have taughtfor two Z years in the Education GuaranteeSchemeCentres 08 oo EGS as EGS Volunteersrun byPunjab va State Z The last date for submissionof application tl was 25th July 2008 It is stated that the petitionersbeingeligiblesubmittedtheir within theprescribedtime Aforesaidpublicnotice was followedbyanotherpublic notice seekinginformation and identityfor eligfible C candidatesfor admission to ETT course This public notice was in moditlcationof the earlier publicnotice Followingmodiflcationswere notifledl 1That maximum age of 42 years mentioned lll the earlier advertisementin Eligibilitycolumn no A is beingremoved 2 The DEd published 111the earlier advertisement Gupta Suruchi 2014.04.09 15: 01 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 54 r e Nosl3531 17355 12463 12525 13717 13801 14704 5 12289 and 14702 of2009 maybe read as ETT Rest of the instructions will remain same as publishedin the advertiseinentdt 16308 4eThis advertisement1S only for the purpose to gatherthe information of the identityof the 1 C eligiblepersons 0 5Applicationsshould reach by 2209 through C I registeredpost before the Principal Distt C5 Education and Social Welfare Institutions I C 6eThe applicationwho have alreadysubmitted Z their application in referenceto the advertisement m tr theyshould not to resubmit the same and those I candidates who could not submit their applications 08 C by25708 theycan now submit the A7 Another public notlce was issued by the SCERT Punjabdated Z 232009 ln continuationto earlier advertisementdated 1632008 and tlv 2312009 wherebyconditionof having50Io marks ln 1042 in General Category and 45Io marks for Scheduled Caste was laid down It was also prescribedthat the EGS volunteers applicantsshould havepassed C Punjabiupto 10 Class and experiencecertificatel percentageof 7natks would be consideredduringthecounseling which was notified to be held on 25 July 2009 The petitionersthrough their EGS Teacher Union Punjab submittedtheir to the Director to the condition of 50Io marks for General and 450Iomarksfor the reservedcategorycandidates 111the public nottce dated 2302009 In the meanwhile another public notice dated178009 was issued in continuation to earlier three public Gupta Suruchi 2014.04.09 15: 01 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 55 J r 1 1 9 8 No13531 17355 12463 12525 13717 13801 14704 6 12289and 14702 of2009 notlces dated 1632008 2312009 and 2372009 respectivelyreiterating the eligibilityconditions of 50Io marks for General Categoryand40 marksfor reserved categoriesin1042 examination Even the candidateswho passedin the first counselingand who had not passedPunjabitill 222009 and also the candidateswho had re not deposited the fee and 2tHt willingto 1 4 f depositthe fee were Alrther called for counseling OIl 1982009 The 0 petitionershave r the publicnotice dated 2372009 172009 CO I wherebythe condition of 500Ioand45Iomarks for General and Reserved C5 Categories respectively was introducedas eligibilityfor admission to ETT I course The contention of the petitionerslS that by 1SSUlng Z publicnotices theoriginaladvertisementnotice m 1S Q soughtto be amendedwhich is 1 ln law The Statehas flled a mer WseWa detailed reply It is stated that the originalpublicnotices dated 1672008 O8 r and 23 2009 were ln act not the advertisementnotices These notices nm were issued onlyfor collection of informationto identifyeligiblecandidates Z from EGS volunteers It is furtherstated that the publicnotices dated Qm 2372009 and 172009 though issued by way of but lIl fact the publicnotices laid down the for admissionfor Teacher Training Further stand of the State 1S that the eligibilityconditionshave been laid down by the NCTE the apex body ae which regulatesthe of ETT and other Teacher TrainingCourses ln the country The Statehas also placedon record Annexure Rel which 1S Appendix 2 of the norms and standards for Teacher issued by the NCTE Under 32 of the said notitlcationthe qualiScations for admissionto BEd Course are prescribed The condition readsas under1 Gupta Suruchi 2014.04.09 15: 01 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 56 1 4 Nos13531 17355 12463 12525 1371713801 14704 7 12289 and 14702 of2009 32 Eligibility 322 Candidate with at least 50Io marks in the senioritysecondary 32 The reservation for SCISTIOBC and other categories shall be as per the rules of the Central m r1 GovernmentlStateGovernment whichever 1S 0 applicableThere shall be relaxationof 5Io marks O in favourof SCISTIOBC and other categoriesof C candidates Thoughthe State relied upon the norms prescribedby the NCTE Z 5 however the NCTE was not a party to the petitionVide interocutory r order dated 20102009 passed in some of the writ petitionsincluding Arm CHPNo2463 of 2009 NCTE was impleaded as party and 00 askedto llle its replyNCTE has also flled its replysupporting the standof the Stateas regardtheeligibilityprescribed for admission to the course It is Z Statedthat under 2005 Regulation and norms and standardfor Qm Teacher theeligibilityprescribed was at least45Iomarksinthe or its equivalentexaminatioI However these regulations were substitutedby 2007 wherein the minimum marks prescribedwere at Ieast 50Io 111 the Sr Secondary Examinationwith relaxation of 5Io marks in case of Reserved CategoriesIn view of the above stand of the NCTE the eligibilityprescribedby the State vide its notificationsdated2372009 and 1782009 cannot be said to be illegalIt 1S alSOrelevant to notice that the first tWO publicnotices dated 1672008 and 231 2009 mention about the informationto identi67 the eligiblecandidates Paragraph 2 of the aforesaid public notice reads as Gupta Suruchi 2014.04.09 15: 01 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 57 r 4r Nos 17355 12463 12525 13717 13801 1470 8 12289and 14702 of2009 under The eligibilityand identityfor eligiblecandidatesfor admission to ETT Cours It is evident that public notice dated 2372009 prescribesthe mlnlmum percentagefor Generaland ReservedCategories Learned counsel 1 C for thepetitionershas relied upon two judgments of this Court In the case 0 of Subhash Chandra VS The Institute of Medical C0 I Education and Research Chandigarh and another 199731RSJ 346 it C W has been held that the admissionbrochurecannot be permittedto be amended h Stae A Slmilar view has Z beenheld lll the case of Munish Khanduja vse Guru JambheshwarUniversityHisar tr and others 200231RSJ 463eIn the presentcase the question is of the I eligibilityThe flrst two publicnoticesrelied upon by thepetitioners are olj 111 ClO fact not the complete brochurefor admissionThe C conditionin W2 the aforesaidnotices is regarding the Z infonnationin respectofthe eligibility ofthe EGS VolunteersThese noticeswere Ll followedbytwo pubIicnotices layingdown the eligibility as per the norms laid down by the NCTE It is also pertinentto note that as per the reply flled by the NCTE these eligibilityconditionshave been laid down by the statutoryreguIations framed by the NCTE The statutorycondition laid down cannot be a dispensed 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 Otherwise also at this belated stage no relief can be grantedto the petitionersIn CWP Nosl2525 and 13713 of 2009 the petitionershavealso placedon record a publicnotice Gupta Suruchi 2014.04.09 15: 01 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document r 4 No13531 17355 12463 12525 13717 13801 14704 9 12289 and 14702 of2009 1 dated 2622010 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 theymav be permittedto do so SuftIce it to say that if the petitionersare entitled to improvetheir percentage in terms of the aforementionedpublic m C notice theyare at libertyto do SO On of their percentage 0 theywill otherwisebecolneeligibleto applyand seek admission to the 43 I Course However this is possibleonly for future admissions The Current Cao Academic Session commenced more than one year back and thusthe peUtlonersare not entitled to seek any benefit of this publicnotice at this Z stage a 0 In view of the above I find no merit these writ petitions 111 DismissedNo order as to costs wl 00 QO Copyofthis order be placedon record on each concemed Sle vm Z C O 1 Ll 6PERMODKOHLII 64 JUDGE 30 s2010 MFK NotelWhetherto be referredto reporteror notlYESINO t D Y0 Gupta Suruchi 2014.04.09 15: 01 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document