lr 612 e ee 4 7107of2009etce 1 LJ IN THE HIGH COURT OF PUNJAB AND HARYANA AT P CHANDIGARHe 1 DATE OF DECISION 08 4 2011 1 CWP No 7107of2009 DreAnald SinghMalik eeePetitioner 1 VERSUS 0 State ofHaryana and others 0 I C 2 CWP No 11036f2010 I DreKrishnaChaudhary eePetitioner Z VERSUS C State ofHaryanaand others I Z 3 CWPNo 968 of2010 Kumar Malik OeePetitioner OO a7 VERSUS Z State ofHaryana and others CORAM HONBLE MRJUSTICE PERMOD KOHLI PRE8ENT MrK Malik Sr Advocate wlth C i Mr Vlshal Malik Advocate Mr Ginsh AgnlhotnSr Advocate with Mr BlnaJeetSlnghAdvocate Mrlawan KumarSrAdvocate wlth Mr SaqlbAli Khan Advocate 1 for petltioner6sl 1 1 1 MrRD Shanna DAG Haryana Mr DS Patwalla Advocate P 1 1 Parkash Om 2014.05.03 13: 06 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 1 1 613 1 1 11 1 1 1 thesepetitionshave distinctprayersfor rederessalof their gnevances however thereis of questions of law and thus i these are being ofbythis common order 1 The petitioners in all thesecases were of privateaided i 0 institutons Theseinstitutionshave beenestablishedbythe Societiesand C0 are beiogrun by the Managing Bodies of such I 0 societlES Petitioner namelyDrAnand SinghMalik was workingas I Lecturer and has been terminatedvide order dated1332008 6Annexure P Z 13 is reVlSlOn petitionagainsttheorderof terminationstands Ct by the Commissioner Education vide his order dated I 19 02008 1159 SimilarlypetitionerDr SurinderKumar L3 Z Malik was working as Principal 111the respondent no l Collegeand was ao placedunder vide orderdated832008 Pl9 and has 1 7 been from service vide orderdated222010 R112 Z not C Petitioner DrKrishna also worklng was as tl Princ pal ln the aided collegenamelyMaharani Kishori Jat Kanya She was placedunder suspensionvide order dated 1 832 008 P29 have been initiated111 V4 respettof petitioner0ishna by issuing She has 1 the enquiryreportand the show cause notice Ali the have also challengedthe approval granted by the 1 Govmment for action againstthem 1 in their replyhaveobjected to the ofthe writ petitionon the groundthat the petitionershave efficaciousremedyof i Parkash Om 2014.05.03 13: 06 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 614 1 in viewofthe ofHonble Court in thecase of TMA Pai FoundationandothersVS Stateof Karnataka2002 68 SCC 4819and the notification dated 82005 issued by the Haryana Government Technical Education forums 1 In TMA Pai Foundation pra9Honble Couit while f dealing with the rightsof the teachersand other of the private 0 0 institutionsmadefollowing observationsl I 9 641n the case of educational institutions I however we are of the opinionthat requiring a Z teacher or a member of the staff to go to a civil 2 court for thepurpose of seeking redressis not r 111 e the interest of general education Disputes I C3 between the and the staff of Z educationalinstitutionsmust be decidedspeedily CO and withoutthe excessiveincurring of costs It 7 Z would therefore be that an CL EducationalTribunalbe set up in eachDistrictin a State to enable aggrievedteachersto file an appeal unless there alreadyexists such an 1 educationalTribunal in a State the objectbeing 4e that the teacher should not suffer throughthe substantialcosts that arise becauseof the location of the Tribuna if the tribunals are limited 111 number theyCatl hold sittingslIl different districts to achieve this objective Till a Parkash Om 2014.05.03 13: 06 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 615 4 11 CllKPNoe7107of2009 etc 61 tribunalis set up therightof filingthe appealwould lie before the District Judgeor Additional District Judgeas notifled by the Government It will not be necessaryfor the institutionto getprior or ex postfacto approvalof a while taking Lr actionagainsta teacher or any other 0 0 employeeThe StateGovemmentshall detennine I C5 111consultationwith the HighCourt the judicial I forum in which an aggrieved teachercan file an Z appealagainstthe decision of the management conceming action or termination of servic I State of Haryana has issued notification dated 892005 as a Z consequence of the directionsissued111 the case of T Pai Foundation CO supra9The relevantnotificationreadsas underl 7 Z In pursuanceto the dated30102002 of the U 11 Honble Supreme Court ofIndia in TMA Pai Foundation and othersvs State of Kamatka 2002 68 SCC 4811 wherein the Honble Court has observedthat for the redressal of grievancesof employeesof aidedlunaided technical institutionswho a subjected to punishment of termination of services a mechanism will have to be evolved by appropriatetribunals The right offiling appealswould lie beforethe district and sessions judgeor additional district and sessioIl judgestill the Parkash Om 2014.05.03 13: 06 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 616 1 e CWPNoe7107of2009etCe 11 tribunals are set up It is notifiedthatthe ltl the Stateof Haryana have beenauthorizedto hearthe appealsof the of technical instltutionsagainstdecisionof Withintheir m JUrisdictionby the Honble Punjab c HaryanaHigh Court videN023414GazIIIIXC11 0 dated1082005 0 Learnedcounsel I opposedthecontention C5 of the learnedcounsel for respondents ill thiSrOard While to the I notificationit ls guedthattheseforumshave beencreated Z only in respect of of Technical whereasthe petitioners r lll thesepetitions are not of technical I institutionsTheywere working as teachersad the are no technicalTo meet thispleaMr Z Patwalialearnedcounsel hasreferredto a DivisionBenchjudgment ofthis Court in the case of C SmtSuman Kailavs State and othersCWP No8528 W2 of2006decidedon 2432007 Z Whereinthis very notiOcationwas set up as a defenceagainstthe Om thepetitioners were of educationallnstitutions The Honble DivisionBench the institutionsobservedas underl 4 44After hearing the counsel for the petitioner we arc of the opinionthat the directionsof Honble Supreme Court111 Vs State of Kamatakascase were that EducationalTribunal be constituted ltl each Parkash Om 2014.05.03 13: 06 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document rr 7V 4 11oo 617 1 CWP 1 of2009etCe 9r Districtto rederess the gnevancesof thetechnical as well as stafE Hence the the also However direct the we e to bring out a lr for the non 0 technical also C Withinthe ambit of I Otl dated82005 C5 so that Y 8PPeal against heorder I Z mayalso befiled Districtand 2 Judgetill such time an Tribunal 1S constituted SO lSsued are L to the to constitute Z a Tribunal in enns of the ln 0 This case supra9 3 Thus Z the DivisionBench ln view of this Court have whichcreate a remedy of tlling PleCedentth appealbeforethe concernedDistrict8 Districtand Judgeunder Whose have 9ne raised variousother pnncipleof natural 1SSUes JUStice Sincethe lOlationof has ofsuch created gnevancesand Hone consideredthis DivisionBenchhas question it would to go notbe PPOPnate for u 1t0 otheraspects These Court petitions liberty are to the petitioners with to approach the Forum constitutedby Parkash Om 2014.05.03 13: 06 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 618 1 CWPNoO107of2009 etce 1 1 1 1 notiflcation dated892005 2472007in CWP No8528of2006 The do not provide any periodof limitation and thusthe Wlll not come in theWayofthe petitionersEven if by any tlotification any period of limitationhasbeenprescribedthe same shallstand condonedln view of 1 the of thewrit petitionsThe petitioners are allowedfour weeks 0 forum 0 Copy I C I PERMOD KOHLII 1 Z JUDGE 08402011 MFK to be 4aV I reported or not2YES mCo5 271411 7 Z Q J V Parkash Om 2014.05.03 13: 06 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document