48 r CWP Nose1353117355 12463 1252513717 13801 14704 1 4 12289and 14702of2009 f2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION 30 0602010 1 1eCWP N0013531of2009 m C WalityRam andothers 0 P Oetitioners Versus D StateofPunjaband others 1 2eCWPN0012463 of2009 Z 4 BaljitKaur CJ r e Petitioner Versus 0 StateofPunjab and others espondents 2 P 3CWP N014274 of2009 e 1 Kamlesh Kumari Petitioners Versus StateofPunjaband others 1 4eCWP Noe13717 of2009 Kaur and others e e etitioners Versus StateofPunjaband others 5eCWP Noe12525 of 2009 70 wmr n7 rlIw new rmr 17 2 7452L7777 P e oi e 0e 0 Batra Amit 2014.04.22 16: 51 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 49 e 1 rp 1 9 V CWP Nose1353117355 12463 1252513717 13801 14704 2 12289and 14702of2009 JaswinderKaur and others Petitioners Versus StateofPunjab and others 6eCWP N0014704 of2009 Tek Chandandanother m IO Petitioners 0 Versus StateofPunjab and others espondents D 7eCWP N0017355 of2009 RajniDhall 2 Petitioners 1 e Versus X State ofPunjab and others O21 8eCWP N0012289 of2009 a r4 Imw Vikram Singhetc Wp W3 Petitioners Versus StateofPunjab etc ee 9eCWP N0013801of2009 MrsPranshaktiand others Petitioners Versus StateofPunjaband others 100CWP N0014702of2009 Batra Amit 2014.04.22 16: 51 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document SO A P r t WP Nos13531 17355 12463 12525 13717 1380114704 3 12289and 14702of2009 4 Petitioners Versus StateofPunjaband others CORAM HONBLE MRJUSTICE PERMOD KOHLI m Ll 0 PRESENT MrSanjivGuptaMrPS Virk 4 MtRajinderSinglaMrAminder Singh MrPeeush Dadwal MrChaman Lal Advocate for thepetitioners MrPCGoyal AddlAG Punjab Z 2 t Permod KohliJe In view of the common questions of facts and law these writ 025 CA3 petitions are beingdisposed ofbythis common order All the writ petitions 4 emw exceptCWP Nos14274 and 13531 of 2009 were heard on 6A2010 VZ whereasabove referred two writ petions heardon 8 and 9th were m April2010 and reservedto be of the 1 originalbunch of writ petitions The petitioners in all these writ petitions are workingas volunteers for running GuaranteeScheme6EGSfor teaching children in the villagesThe EGS Centres were oIled under the GuaranteeScheme sponsoredby the Government of India under Sarv Shiksha Abhiyan StateCouncil of Education Research and TrainingPunjabChandigarh issued a publicnotice inviting to 7 Batra Amit 2014.04.22 16: 51 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 51 r l 0 1 4e C 0 f CWP Nos3531 17355 12463 12525 13717 13801 14704 4 12289and 14702 of2009 identifyeligible persons for admission to DEd course clarifled as ETT Course The eligibilityconditions prescribedin th Said publicnotice were as under 1 That the applicantmust have passed1042 or equivalent examination 1 Q 2That theapplicant must have passedthe Punjabi 0 examinationupto10 class C 3On the date of the application dt C 252008 the age of the applicantmay not be Sr below than 18 yearsand should not be more than Z 42 years m 0 4That the applicantmust have taughtfor two r I yearsin the Education GuaranteeSchemeCentres 5 C 6EGSCentres as EGS Volunteersrun byPunjab e amw State 39 Z The last date for submission of application was 25th July 2008 It 1S 1 stated that the petitioners beingeligiblesubmittedtheir within theprescribed time Aforesaid publicnotice was followed byanotherpublic notlce seekinginformation and identityfor eligllble C candidates for admission to ETT coursee This publicnotice was ln modification of the earlier publicnotice Followingmodiflcationswere notifledl 1That maximum age of 42 years mentioned 111 the earlier advertisementin Eligibilitycolumn no A is beingremoved 2 The DEd published in the earlier advertisement Batra Amit 2014.04.22 16: 51 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 52 1 41 1 CWP 5 12289and 14702 of2009 maybe read as ETT 312estof the instructions will remain same as published in the advertisementdt 16708 This advertisementis only for the purpose to gatherthe information of the identityof the m C eligiblepersons 0 should reach by 209 through Ca post before the Principal Distt C Educationand Social Welfare Institutions t 6The applicationwho have alreadysubmitted Z t theirapplication in referenceto the advertisement m Lr theyshould not to resubmitthe same and those candidateswho could not submittheir e 00 C by25708 theycan now submit the 4t wmm Another publicnotlce was issued by the SCERT Punjabdated 2 2372009 in continuation to earlier advertisementdated 1672008 and tl 2312009 wherebyconditionof having50Io marks in 1042 in General Category and 45Io marks for ScheduledCaste Category was laid down It was also that the EGS volunteers shouldhave passed Punjabiupto 10 Class and certiflcatel percentageof marks J would be consideredduringthecounseling which was notifledto beheldOll 25 July 2009 The through their EGS Teacher Union Punjab submittedtheir to the Director objecting to the condition of 50Iomarksfor General and 45Io marksfor the reservedcategorycandidates in the publicnotice dated 2372009 In the meanwhile another public notice dated 1782009 was issued in continuation to earlier three public Batra Amit 2014.04.22 16: 51 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 53 1 1 41 Yr 1 CWP Nosl3531173551246312525137171380114704 6 12289and 14702 of2009 notices dated 1672008 2312009 and 2372009 respectivelyreiterating the eligibiIityconditions of 50010marks for General Categoryand450Io rnarksfor reservedcategories inl092 examination Even the candidateswho passedin the flrst counselingand who had not passedPunjabitill 222009 0e and also the candidateswho had not deposited the fee and aNt willingto 4 1 0 depositthe fee were further called for counselingon 19 2009 The t 0 have challenged the publicnotice dated 2372009 172009 0 wherebythe condition of 500Ioand450Iomarks for General and Reserved C Categories was introducedas eligibilityfor admission to ETT course The contention of the 1S that by 1SSUlng Z publicnotices the originaladvertisement notice is m 0 soughtto be amendedwhich is in law The Statehas filed a detailedreplyIt is statedthat the originalpublicnotices dated 1672008 08 and 2312009 were in act not the advertisementnotices These notices 00 4t I wereissuedonlyfor collectionof infonnationto identi67eligiblecandidates 2 from EGS volunteers It is further stated that the publicnotices dated Clm 2372009 and 1782009 thoughissuedbywayof but 111 fact the publicnotices laid down the for admission for Teacher Training Further stand of the State is that the eligibilityconditionshave been laid down by the NCTE the apex body e4me which regulates the imparting of ETT and other Teacher TrainingCourses 111the countryThe Statehas also placedon record Annexure Rl which is Appendix2 of the norms and standards for Teacher issued by the NCTE Under 32 of the said notification the for admissionto BEd Course are prescribed The condition readsas underl Batra Amit 2014.04.22 16: 51 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 54 1 1 V IsV CWP 7 12289and 14702 of2009 32 Eligibility 322 Candidate with at least 50010marks in the senioritysecondary 32 The reservation for SCISTIOBC and other shall be as per the rules of the Central 1 t GovemmentlStateGovernment whichever is 0 There shallbe relaxationof 5010marks 0 111favourof SCISTIOBCand other of C5 candidates t Though the Staterelied upon the norms by the NCTE 2 however the NCTE was not a party to the petitionVide interocutory n C order dated 2002009 passedin some of the writ petitionsincluding 2I2 CWPN012463 of 2009 NCTE was as party and oll CtO askedto file its replyNCTE has also flled its replysupporting the standof la theStateas regardthe eligibility for admissionto the course It is Z statedthat under 2005 Regulation and norms and standardfor Elemer C1 TeacherProgrammetheeligibility was at least450Iomarksin the or its examination However these were substituted by 2007 wherein the minimum marks were at least 50010in the Sr Examination with relaxationof 5010marks in case of Reserved CategoriesIn view of the above stand of the NCTE the eligibilityprescribed by the Statevide its notiflcations dated2372009 and1782009 cannot be sid to be illegalIt 1S alsorelevant to notice that the flrst two publicnotices dated 1672008 and 2312009 mention about the information to identifythe eligible candidates Paragraph 2 of the aforesaid publicnotice reads as Batra Amit 2014.04.22 16: 51 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 55 1 e CWPN0se1353117355 12463 12525 13717 13801 14704 8 12289and 14702 of2009 underl The and identityfor eligiblecandidatesfor admission to ETT Cours It is evident that public notice dated 2372009 prescribesthe mlnlrnum for General and ReservedCategories Learned counsel m 0 for thepetitioners has relied upon two of this Court In the case 0 of Subhash Chandra vse The Institute of Medical Ca Education and Research Chandigarh and another 1997 RS3 346 it 9 hasbeen held that the admission brochure cannot be permitted to be t amended or alteredat the stageA similar view has beenheld in Z thecase of Munish Khandujavs Guru Jambheshwar UniversityHisar m Q r and others 2002 RSJ 4630In the present case thequestionisofthe eligibilityThe first two publicnotices reliedupon bythepetitioners are ln 06 C 10 factnot the brochure for admission The conditionOin 4 mwm theaforesaidnoticesis regarding the infonnation in respectofthe eligibility Z ofthe EGS Volunteers These noticeswere followed bytwo publicnotices Il Iayingdown the eligibilityas per the norms laid down by the NCTE It 1S also pertinentto note that as per the replyflled by the NCTE these eligibilityconditions have been laid down by the statutory framed by the NCTE The statutorycondition laid down cannot be P e with These conditions have to be followed beingessential eligibility for admissionto the course These petitions were flled for admission to the Course duringthe sesslon 20092010 It is more than one year Otherwise also at this belated stage no relief can be granted to the petitioners In CWP Nosl2525e and 13713 of 2009 the petitioners have also placedon record a publicnotice Batra Amit 2014.04.22 16: 51 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document l 5 er ee CWP Nos13531 17355 12463 12525 13717 13801 14704 9 12289and 14702 of2009 dated 2622010 wherein the EGS volunteers have been givenspecial chanceto improve the percentageIt is contended on behalf of the petitioners that the petitioners are entitledto improvetheir and theymay be permitted to do SO Suffice it to say that if the petitioners are entitled to improvetheir percentage ln terms of the aforementionedpublic 1 C notice theyare at libertyto do SO On of their percentage 0 theywill otherwise become eligibleto applyand seek admission to the 0 Course However this is possibleonly for 81tureadmissions The Current C Academic Session commenced more than one year back and thus the C petitioners are not entitledto seek any beneflt of this publicnotice at this Z stage W 1r In view of the above I find no merit in these writ petitions C Dismissed No order as to costs a5 Copyofthis orderbeplaced on recordon eachconcernedfile ll3 ame Z 013t3JVIA 41 11e PERNIOD KOHLII 49 JUDGE 30 2010 MFK NotelWhetherto be referredto reporter or notlYESINO IS 0 Il Ilk 4J i 1 Batra Amit 2014.04.22 16: 51 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document