4V 76 e Ik CWP N0s01353117355 12463 12525 13717 13801 14704 1 1 e 12289and 14702of2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARIL DATE OF DECISION 30 2010 1eCWPNe13531 of2009 t WalityRam and others 0 t Petitloners Versus C D StateofPunjab and others lespondents X 2CWP N012463 of2009 21 BaljitKaur f 4t e e aPetitioner Z Versus 05 3 StateofPunjaband others V3 P 3eCWP Noe14274 of2009 1 KainleshKumari 7etitioners Versus StateofPunjab and others 1 4eCWP N13717 of2009 Kaur and others 7etitioners Versus StateofPunjaband others 5eCWP N0e12525 of2009 1 v 4V Rawat Seema 2014.04.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 77 1 S P 4 ed CWP Nose1353117355 12463 12525 13717 13801 14704 2 12289and 14702of2009 JaswinderKaur and others Petitioners Versus StateofPunjab and others e e 6eCWPNoe14704of2009 Tek Chandandanother m Q J7etitioners 0 Versus X StateofPunjab andothers 7eCWPNoe17355of2009 X RajniDhall Z Petitioners 2 Q Versus 3 State ofPunjab and others c5 8eCWPNo12289 of2009 C Va VikramSinghetc 7 Petitioners Versus StateofPunjab etc ee 9CWP Noe13801 of2009 MrsPranshakti and others Petitioncrs Versus StateofPunjaband others espondents Rawat Seema 2014.04.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 78 Pe e e 4 CWPNos13531 17355 12463 12525 13717 13801 14704 3 12289and 14702of2009 Petitioners Versus StateofPunjaband others espondents CORAM HONBLE MRJUSTICE PERMOD KOHLl t 1 0 PRESENT MrSanjivGuptaMr3PS Virk MrajinderSinglaMrAminder Singh MrPeeush Dadwal I MrChamanLal Advocate for the D X MrCGoyal AddlAG Punjab Z 2 PermodKohli J Z In view of the common of facts and law these writ C r0 are beingdisposedofbythis common order All the writ petitions m7 exceptCWP Nos4274 and 13531 of 2009 were heard on 6A2010 z whereasabove referred two writ petitions were heardon and 9 L April2010 and reservedto be of the 1 original bunch of writ petitions The petitioners in all these writ petitions are working as volunteers for running GuaranteeScheme0EGSIfor children in the villagesThe EGS Centres were openedunder thc Employmenl GuaranteeScheme sponsoredby the Government of India under Sarv Shiksha Abhiyan StateCouncil of Education Research and Training PunjabChandigarh issued a publicnotice inviting to re 1 Rawat Seema 2014.04.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 79 r em 4 0 CWP Nose1353117355 12463 12525 13717 13801 14704 4 12289and 14702of2009 eligible persons for admission to Dld course subsequently clarified as ETT CourselThe eligibilityconditions prescribed in the said publicnotice were as underl 1 That the applicant must have passcd1042 or examination a 1r 2That theapplicant must havc passcdthe Punjabi 0 examination upto10 class C On the date of submilting thc application dt I C 2572008 the age of thc applicanlmay not be I 1r belowthan 18 years andshould not be more than Z 42 years m 4rhat the applicantmust have taughtfor two 1 I yearsin theEducation GuarantccSchemc Centres 06 00 17GSCentres as EGS Volunteersrun byPunjab e State 31 ew 2 The last date for sullnlission of was 25th July 2008 It 1S ll statcdthat the petitioners beingeligiblesubmittedtheir within the time Aforesaidpublicnoticewas followedbyanotherpublic notice Annexurel scckinginfomoationand idcntityfor eligfiblc C candldatesfor admission to ETT course This publicnotice was ln lmodillcationof the earlier puhlicnotice Followingmodications werc notiflcdl 1 That maximum age of 42 ycars mentioned111 the earlk3radvertisementin Eligibilitycolumn no A is bcingretnoved 2 The Dld in thc earlicr advertisement Rawat Seema 2014.04.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 80 e r CWP Nose1353117355 12463 12525 13717 13801 14704 5 12289and 14702 of2009 maybe readas ETr Rest of the instructions will remain same as published in the advertiscmentdt 16008 41This advertisementis only for the puipose to gatherthe information of the identityof thc m C eligible persons 0 should reach by 2209 0 X post beforc thc Principal Distt 0 Educationand SocialWelfarcInstitutions X 6The applicationwho have alreadysubmitted their application in referenceto thc advcrtisement C theyshould not to resubmitthe same and thosc candidateswho could not submit their 08 1 by25708 theycan now submit thc V7 Another publicnoticc was issued by the SCIlRT Punjabdated 237009 in continuation lo earlicr advertisementdatcd 1672008 and Oa 2312009 wherebyconditionof having50Io marks in 1042 in General and450Iomarksfor ScheduledCaste was laid down It was also prescribed that the EGS volunteers shouldhavepassed Punjabiupto 10 Class and experiencecertificatcl pcrccntagcof marks C would be consideredduringthe which was notiflcd to bc heldon 25 July 2009 The petitioners throughtheir EGS Teacher Union Punjab submittedtheir to the Dircctor objccting to the condition of 50Io marksfor General and 45Yomarksfor the reservcdcategorycandidatcs 111thc publicnotice dated 2372009 In thc meanwhile another public noticedated 1782009 was issuedin continuationto earlierthreepublic Rawat Seema 2014.04.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 81 4 V CWP Nose1353117355 12463 12525 13717 13801 14704 6 12289and 14702of2009 noticesdated 1672008 232009 and 2372009 respectivelyreiterating the eligibilityconditions of 50010marks for Gencral Categoryand45 0 rnarksfor reservedcategories in1042 examination Evcn the candidateswho passedin the first counselingand who had not passedPunjabitill 222009 a and also the candidateswho had not deposited the fee and willingto t4 1 4 r depositthe fee were furthcr callecl for on 198 2 009 The r 0 pctitioners have the publicnoticc datcd 232009 17009 0 wherebythe condition of 500Ioand45Iomarks for General and Rcserved I C0 Catcgories was introducedas eligibilityfor admission to ETT course The contention of the petitioners1S thal by lSSUlng 2 publicnotices theoriginaladvertisementnotice 1S m C soughtto be amendedwhich is in law Thc Statchasfiled a 1 I detailed replyIt is stated that the originalpublicnotices dated1672008 oS and 2312009 were in fact not the advertisementnotices These noties Ill Im Wereissued onlyfor colleclion of infrmation to idcntifycligiblecandidates Z from EGS voluntecrs It is 81rthcrstated that the publicnotices dated Qa 232009 and 178 2 009 bywayof but 111 fact the publicnotices laid down the for admissionfor Teacher Training I7urther stand of the State is that the eligibilityconditionshave becn laid down by the NCTE thc apcx body emn which regulates the of ETT and other Tcacher Training Courses in the country The Statehas also placedon record Annexure Ral which lS Appendix2 of the norms and standards for Teacher issucd by thc NCTE Under 32 of lhc said notiflcationthe for admission to B1d Coursc are prcscribcd The condition readsas under Rawat Seema 2014.04.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document r 82 e 9 CWP Nose13531 17355 12463 12525 13717 13801 14704 7 12289and 14702 of2009 32 Eligibility 322 Candidate with at least 500Iomarks in the senioritysecondary 322 The reservation for SCISTIOBC and other shallbe as per the rules of the Central 1 f GovernmentlStateGovernmenl whichever is 0 There shallbe rclaxationof 50Iomarks Co I ln favour of SCISTIOBCand othcr of 0 candidates Thoughthe Staterelied upon the norms by thc NCTE Z r however the NCTE was not a partyto the petitionVide m Q ordcr dated 20102009 passedin some of thc wril petitionsincluding I CWPNo12463 of 2009 NCTE was as parly and C45 C0 askedto file its replyNCTE has alsoOledits reply the standof r 7 the Stateas regardtheeligibility for admissionto thecourse It is 2 statedthat under 2005 and norms and standardfor tl Teacher theeligibility was at least450Iomarksin thc or its examinationHowcver lhcse were substitutedby 2007 wherein the minimum marks were at least 50010in the Sr Examination with relaxation of 50Iomarks in case of Reserved CategoriesIn view of the above stand of the NCTE the eligibilityprescribed by the State vide its notitlcationsclated2332009 and 172009 cannot be saidto be illegalIt 1S also relevant to notice that the flrst two publicnotices dated 1672008 and 232009 mention aboutthe informationlo identifylhc cligiblecandidates Paragraph 2 of the aforesaidpublicnotlce rcadsas Rawat Seema 2014.04.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 83 0 4 4 CWPNos353 17355 12463 1252513717 13801 14704 8 12289and147020f2009 underl The and identityfor eligiblecandidatcsfor admission to ETT Cours It is evident that public notice dated 2372009 prescribesthe minimumpercentagefor General andReservedCatcgoriesLearned counsel m r for thepetitioners has relied upon two of this Court In the case 0 of Subhash Chandra vse The Institute of Medical 0 I Education and Research Chandigarh and anothcr 199731RSJ 346 it C5 has beenheld that the admissionbrochurecannot be to be amcndedor aItcredat the stageA similar view has bcen hcld in Z thecase of Munish Khandujavse Guru JambheshwarUniversityHisar a r and others 200231RSJ 4630In the presentcasc thequestionis ofthe Z eligibilityThe first two publicnoticesrelied upon bythepctitioners are ln otj r OQ fact not the complete brochurefor admission The conditionin e theaforesaidnoticesis regarding thc infonnationin rcspectofthe eligibility Z ofthe EGS Volunteers These noticcs were followed bytwo publicnotices tl layingdown the eligibility as per the norms laid down bythe NCTE lt 1S also pertinentto note that as per the replyOled by the NCTE thcsc eligibilityconditions have becn laid down by thc statutory framed by the NCTE The statutorycondition Iaid down cannot be aa dispensed with These conditionshave to be followcd beingesscnlial eligibility for admission to the course These petitions were filed for admissionto lhe Course duringthc seSSlOO 20092010 It is more thanone year Otherwise also at thisbclatcd stage no relief can be granted to the petitioners In CWP Nos12525 and 13713 of 2009 the petitioners havcalso placedon rccord a publicnoticc Rawat Seema 2014.04.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document C 0 e1 e CWP Noss13531 17355 12463 12525 13717 13801 14704 9 12289and 14702 of2009 dated 2622010 wherein the EGS volunteers have bccn givenspecial chance to improve thc percentageIt is contended on behalf of the petitioners that the petitioners are entitled to improvethcir and theymay be permitted to do SO Sufflce it to say that if the petitioners are entitled to improvetheir percentage in terms of the aforcmentionedpublic 1 l notice theyare at libertyto do SO On of their percentage 0 thcywill otherwisebecoinceligibleto applyand seek admission to the CA3 Course Howcver this is possiblconlyfor futurcadmissions The Current C5 Academic Session commenced more than one year back and thus the petitioners are not entitlcdto scek any bencfitof this publicnotice at this Z stage W C In vicw of the above I find no merit in thcsc writ petitions r I Dismlssed No order as lo costs 06 QO Copyofthis ordcrbeplaced on record on eachconccrnedflle 4r I 2 A 4 tl PERMOD KOHLII JUDGE 3 0 6 2010 MFK NotelWhetherto be refeed to reporteror notlYESINO jb Crl5r 0N 1 Io lr Rawat Seema 2014.04.03 15: 51 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document