472 0 rd CWPNoe16008of2008 1 4e eP 1 r IN THE PUNJABAND HARYANA HIGH COURT AT CHANDIGARH CWP No 16008of2008 DateofDecision 1 13ecembcr4 2009 Dr Vecna Bansal 1 Petitioner VerSUS 0 TheStateofPunjab8 others 0 I C5 CORAM HONBlUE MR JUSTICE VINOD KSHARMA I Presenll A4r Sanjay S Chauhan Advocate for thepetitioner Z Mr R0L0GuptaAddl AG Punjab t for Nol to 3 I Mr KapilKakkar Advocate Oll for No 58 7 41888 W3 Z VINOD K SHARMAJ Itl The petltioner Ivas selectcd2i1d ii Hcad M lllreS Iil SSN Aiva HigliSchool Rainan in the pay scale0iRs 7000i060IO The case of the petitionerlS that her work and conduCl remainedupto the mark but she was suddenlyplacedlitldcr by No Ill Ilis capacily as Presldcn vidc order dated l 92007 This was withoul ietcrcnce to illlV enquiryor pcildingcase againsther While placingthe petitioncrunder she was directed to hand over the chargcto Sll Avir Singh ScientleTeaclIer It is lhe case ofthe pelilionerthat the rcsolutltln suspcnding the Rashmi 2014.02.17 16:41 Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 473 0 2 CWP No 16008of2008 e4 petitioner was not from theRegistrar of the AryaVidyaParlshad Regdl Punjabwhich was requiredas per the Constitutionof Palishad The petitionerwas ordered to be reinstatedinto servicc on 251997 on this account It is the case ofthe that on 51 02007 she had got 15 1 r leave sanctionedflom the SchoolManagerto look after Ilcr fathcrll 0 lawwho was adinitted in Dayanand Medical College Ludhiana but when 0 1 shecontactedSh Ved ParkashPresident of the ManagingCominitteeshe C5 I was inforined thatller dated 5 102007 stood acccpt on 8 02007 Z The submittedvarious includiil detailed to No6 againstthis action tlf lIlC I 08 Manageinent The case of thepetitioneris that No6 dircctcd Lhe 7 Z Secretarvof the Sh Ratnesh Yadav to allow tlle petIlttlIlCr tu assumeher duties as PrincipalThe IiIas said to Ioe fake and forged one lt is tlle case ofthe petitioner that shecontinuedwtlrkiilgin the but no salarywas paidto her therefore she made rcqucstfclr releaseofsalarywhich was illegallywithheld bythe Sclloolauthorities lt is the case ofthe petitioner that after thedemandofsalarylll spiteof her best efforts the school authoritiesdid nol alIow thc pctitionerlo work as Head M istress This action of the forccd the pettioilcr to flle with the DeputyCommissioner who vide his order dated 722008 directed No3 to get the afIldavil IroIll the Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 474 0 CWP Noe 16008of2008 3 dC IVlmlbers whowere shovm to havc signedthe iesolution againstthe It was furtherdirectedthat if theygiveallIavit in favour of the then the resolution bedcclarednull andvoid lll responseto the directioii issuedbytheDeputyCoillilltSS1011Cl No3 lssueda Ietterdated I l 3 008 sllaliilgtllercill tllat 80u1 01 1 C 10 membershavegivenaffldavitsthat theyhad found the resolution dated 0 t 792007 on the and that tley had appendcd their I after readingit However theyfailed to deposeabtlul tllcir C5 participallOtlIll theineetingThe pettionerthereafterfiled a Z 10 No2 1e the DPI The made by lhe pelitionerwas marked lo Q No who passed an order Annextlre P7 dald 582008 Ilc I a5 ofthe Schoolrecordeda lindingthat as per the Clause 17 01 the Constitution of AryaVidhyaParishad the approval of was 7 2 to be obtainedfrom AryaVidhyaParishad Jalandhar Qw The Arya VidhyaParishad Jalandhar conllrmed Ih31 ilCl ulas soughtfrom the with regard to the 01 thepetitioner nor any infonnation was sent to ll A fmdingwas also recorded that the tcrnl of cotnmiuce had expiredon 1392007 when the District Education Otllcer tScilitlr Bhatinda was as It was ordcrcd that theiecision takenbythe Committeeon 3092007 be cvancelledas il after the expiryof termof this conlmittcc and also Ilr tlic reasons of non ofthc new cominitteefrom the Governnlcnl A finding was also recordedthat arl einployee colild ilol bekelol Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 475 0 4 CWP No 16008of2008 e under beyondthe pcriodofsix months without of the department 111vlew of 13 01the Securityof ServiceAct and the EducationCode The ordered the reinstateinentof tllc It was however observedthat the reinstatementwould have no effecton any enqtiiryifgoingoil agaiilsther m ofthe is that thoughthis ordcr hasattained The case 0 and not bythe Coommiuee but her joiningrcporto was llOt C I accepted C The petitioner seeks a wnt of mandamus dircctingtllc lo alIow her to work as Iiead Mistress on the post in VlCM Of Z thc orderof the reinstatementAnnexure P7 Writ of nlandamuswas ulso seekingreleaseof salarywhich had been wronglywithllcldby thc I 05 and theManageinent ofthe school Noticeof motion was issued 4 No to 3 admittedthe factum of order Annexurc Z P the reinstateinentof the pelltionerlt has been mentioncd in the writtenstateinent lhat thepetitioncr is to sublnit heroiningreporlto lhe 14eadMaster or theManagingCommitteeof the Schoos pei lhe rulcs as theManagingCommittee is appointing and ControllingauthorilI of the school and the coinlnittee standsestablished by this titne he olllcii11 thereforehave accepted the clailn of lhc loclitioilel lotll Ilill c putthe burdenof on the oOlcial oflhe chang comnllttce Written statement on behalfof No 5 817 has also beenfiled wherein preliminaryobjection was taken that the wilit pcl11011 deservesto bc disnlissed as thepetitioner hasnot tllc Collltllillee Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 476 0 S CWP No 16008of2008 e asa partyand No 5 7 byname in their individual capacityAn objectionwas raised tllat the has an alternative remedy of statutory beforcthc SchoolTribunal under lhe Act The objection dismissalof lhe writ pctitioilfor walll of of the Managingcommittee deserves10 be noticed10 be Q the petitioner1S relief againsti1legalaclltlll of as 0 No 8 7 in not her to joinduties in pursuancelo C theorder Annexure P7 passedbythe of the School which C5 I hasattainedflnalityAs this order was not beforc aily colllpeleilt Courtl authoritybythe ManagingCommitteeof the School tls it htiS Z m thc ordcr Illsupportof the objectlon that lhe pctilltlilcrIlaS remedy Mr KapilKakkar learnedcounsel for No 5 08 8 7 referredto Rule 12 photocopy of which has been ploccd on rccorcl wm Wlllch readsas under Z Qm 121 The Educational Tribunal shall have jurisdiction to hear all cases of disputes beloveen the Managing Committeeand the 1 C1S In Ihis Act and the PunjulJPrivutell Schools Kmpl3es SecurihlofSenlicelAct 1979 Il The Iearnedcounsel for No 58 7 aIso relcrrcd to the PunjabPtivalelyManaged Schooll SccLiiil l l Servicel Act 2008 dellniilga Tribunal constitutedurIdcr Scction 7wA Itlle PunjabAfliated Colleges Securityof Servicel Aci 1974 lo bc EducationalTribuna to cover the cases of eInployeesunder Punjah Privatv Recogniscd School Elnployccs 1Security0f ServitclAci Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 477 0 CWP No 16008of2008 6 1974 In order to this objection it is necessaryto notc that theserviceconditionsofthe petitioner are bythe PunjabPrivately Managed Schools of ServicelActo 1979 Seclion4 ofthe Act readsas under 1 C 4 Dismissalremovaletc ofemployeesl 0 Subjecto any rule that moy be made in this C behulf no shall be disnissed renloved C I cf reducedeither in run4 or wIithina time sculc shallhis services be otherwise lerminuted nor Z excepl withthepriorapproval o the Director 0 21 Anll is clisinissedIe171Ilidor reduced either in rank or lovithina tinle scale ilnder 08 suesection 6Ilmay with1l1three months IhC ClO date to him oftheordefsuch V7 dismissalrenloval or reduction appealuguinst Z suchorder to thcSchoolTribunal 13 The managing comrnlltee w1117 Ihe Order of the Director mav also appealtlJ tlle SchoolTribunal within a periodof three months j7omthedate ftheorder The of the Act would show tllat an llaS tl to approach the School Tribunal againslthe t3rdertll clisillissal removalor direction and not with regard to any dispute06 corcndcd bylllc Iearnedcounsel for thepetitioner Even in the Rules fraed under thc Act i c lllc rivtely Recognised SchooIs Securityof Service9Act 1979 thereis no such Rulesl Oll which reliance Ivas placedby the Icamed Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 478 0 CWP No 16008of2008 cJ 7 0 counselfor No 5 7 to contendthat lhe has an alternative oof thc EducationTribunal f7t icdlcssal 11 her grievance It would thus be seen that the deliberateatteinptwas lnadeby No5 8 7 to mislead this Court availabilityof C by rcferringto the Rliles framcd under the Putljab alternative 0 Afflliated Securityof ServicelamendedAct 23 of l 974 though ll C I hasno to the case of thepetitioner C5 The s6cond objections also deservcsto be rcjcclcd as 110 statultoryreinedy under the Act is availableto thepclliOllCre Z 1 Oll meri4 it was not that Order Annexurc Pe7 has r attained The pleataken by No 8L 7 was thal ordcr 08 Annexure P7 is totallyillegaland wilhout j urisdiction hc ccliltclllitlll raisedisthatthe No3Ihad onlytllc powcrs witll ne to the withdrawalof salaryof the employcesin abscnce of the Z Mailaging Comlmitteeand no otherpower Itisalso the case ofthe thal bywiiy of ordcr datcd 1092007 passedby the Arya VidhyaParishad Punjabllle tciill 11 tlle cominittee was extendedtill furtherordersaild thereaOcr011 1862008 ncw COlllmittee was constitutedwherein No WllS as President1 The contentionraised thcrefore WllStllal in View of the forlllatiotl of the llew cotlllllitlee it was 114 Il OjOCtlt tl tllc to passtheimpugned order On consideration of the matter I I tnd 111 lorce in lhis contenllOll of the Ieanlcclcoiltlsel 01r rcspoildctlts Ncl 8 7 It may bc Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 479 0 Il CWP No 16008of2008 0 that one oftlle reason for the ofthe resolutionsWtlS lhatit was contraryto theConstitutionas no for acceptailceof hei Ullder Section 17of the Constitulioilof ArytiVidhyt reslgnatlOll Wastaken as recordcdin order Anilcxlirc P7 is ncIl dispulcdIt Parishad This is also tlOt that was on cxpiry01lhe lerin m oftheMlaging Committee 0 1hedocumcilts llow relied upon bythepetitioncr dcscrveslcl be 0 I ign0red aS 111 Case the Cominlttee w2ts allowed to function ll S perorder 0 dated1092007 then there was hardlyany occasion for of the DistrictEducation Officer Sr Schooll I3atllindo to be Z ofthe School Oncc it is not disputed thatler AnlleXllre P 1 7 liad aluIined finality there is no j uslificatitln whatstlcvcl Ivitll I 08 No3 7 to stopthepetitioner from hcr dutics It is the dutyof No I to 3 10 SCC that the orders m passed complied with and the Managenlent Commitlee 01 tIle Schools Z are tl whoare receiving grailt in aid are not permtted to violatc lc Ial8IliiltlllClS asis beingdone in the presentcase The newlyformed ComInittee IS also boullcl to kc lllc stcpsin accordancewlth Ialv to iinplelllclllcliclci Ailllcxllie l7 The new Conlmitteehasbeen giventhelibertyto continuc with thecilllily if allYe Oncethe resolution accepting of tlle petiliotler ioIas setasidetherc reinains no inlpcdinleiltwhich can debElrthc l1cIlll ofher duties In view ofpositivestand0f1lc it lS Ilul opento the ManagingCommiuce nOW tO RCceptthe resigllat1nThe Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 480 0 9 No 16008 of2008 Comtnittee if so desire can against petitioner in accordancewith Iaw This writ petitlon1S A writ of mandatnusis issuedto the to allow the petitionerto act as Head Mistress of lhc Schoolin pursuanceto her appointmentwhichshall however bc suloiccl ttI 10 Ifanyenquiry to be taken on lhe baSlSOl llle Orde any actlOlle 0 0 passed thereafterwill be prospective in nature I No 1 to 3 are directedto see thatthc orderspassed C5 I bythis Court aie in Ietterand spritand in case tlf t110 No 1 10 3 should takesteps10 stop tlle grailtailid lill lllC Z is allowed to resume herdutiesas 4eadMstrcss 1le L t shallalso be entitled benefltsand costs of this writ petiton 08 which arc assesscd at Rs 150001e Rllpeesllfteen thoustlIlclotllyl ll loc paidby No 7 1 a 1 a D Z Deccmber 2009 VINOD K SllARMA l sp JlJllCl4l 1 OJ0 P IA Y r 411 S 13 Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document