57 11 PV we 1246312525137171380114704 1 289 and 14702of2009 1eF J IN THE HIGH COURT OF PUNJAB AND CHANDIGARR DATE OF DECISJON 30 0602010 1eCWPNoe13531of2009 1 Cr WalityRam andothers 0 etitioners Versus 3 StateofPunjab andothers 4C 2eCWPN0e12463of 2009 Z 2 BaljltKaur 1X Petitioner Z Versus c8 StateofPunjabandothers V2 1 3CWP Noe14274of2009 1 KamleshKumari Petitioners Versus 1 StateofPunjab andothers e e 1 4CWP No3717 of2009 Kaur andothers Jetitioners Versus StateofPunjab and others e e 1 5CWP No12525 of2009 5 v 12 V nVm11 Om 1 e 1V 22U n 4eS 1 2 44 4 Anita Rani 2014.04.02 12: 59 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 58 4 1 A 1 CWPNose135317355 12463 12525 13717 1380114704 2 12289and 14702of2009 JaswinderKaur andothers Petitioners Versus StateofPunjabandothers 6eCWPN0e14704of2009 Tek Chandandanother m Of 0etitioners 0 4 Versus StateofPunjab and others 7aCWPNoe17355of2009 I RajniDhall Z Petitioners 2 Cl r Versus StateofPunjabandothers espondents 5 8CWP Noe12289of2009 Ie9 Vikram Singhetc n7 Vo Petitioners Versus StateofPunj8b etc 9eCWPNoe13801of2009 MrsPranshaktiandothers Petitioners Versus StateofPunjaband others 100CWP N0e14702of2009 Taranjit Kaur Anita Rani 2014.04.02 12: 59 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 59 r P 4 i L CWP 3 12289and 14702of2009 Petitioners Versus StateofPunjab andothers CORAM HONBLE MReJUSTlCE PERMOD KOHLI 1 1 0 PRESENT2 MrSanjivGuptaMrBPS Virk t MrllajinderSinglaMrAminder Singh lVlrPeeush I MlChaman Lal Advocatefor the MrPCGoyal AddAG Punjab Z 2 0 Permod Kohli Je 4r In view of the common of facts and law these writ a3 petitions are beingdisposed ofbythis common order All the writ petitions e m7 exceptCWP Nos1274 and 13531 of 2009 were heard on 6A2010 z L whereasabove referred two writ petitions were heardon 8 and 91h April2010respectively and reserved to be of the 1 original bunchof writ petitions The petitioners in all these writ petitions are working as volunteers for running GuaranteeSchemeEGS9for teaching children in the villagesThe EGS Centres were openedunder the Guarantee Scheme by the Government of India under Sarv Shiksha AbhiyanProgrammeStateCouncil of Education Research and a Anita Rani 2014.04.02 12: 59 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 60 1 4 1 CWP Nose1353117355 12463 12525 13717 13801 14704 4 12289and 14702 of2009 identifyeligible persons for admission to DJd course clarifled as llTT Coursel The eligibilityconditions prcscribcdin the said publicnotice were as underl That the applicantmust halle passed1042 or examination m r 2That thealoplicant must have passedthePunjabi 0 examination upto10 class Cao I 3On the datc of submitting the dt C51 2572008 the age of the applicant may not be I C below than 18 yearsand should not be more than Z 42 years Ci 4rhat the applicant must havc laughtfor two I yearsin lhc Education Guaranlee SchemeCentres C C0 EGS Centrcslas EGS Voluntccrs run by Punjab c State 73 7 Z The last datefor sublnissionof was 25lh July 2008 lt is tl statedthat the petitioners beingeligiblesubmittedtheir applications within the time Aforesaidpublicnoticc was followedbyanotherpublic notice seekinginfonnation and idcntity for eligOble candidatesfor admission to ETT course This public noticc was in C modification of thc earIier publicnolice l7ollowingmodiflcations werc notitledl That maximum age of 42 years mentioned in theearlier advertisementin column no A is beingrcmoved 2 TheD3d in thc earlier advertisement Anita Rani 2014.04.02 12: 59 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 61 1 6 Q CWP Nose1353117355 12463 125251371713801 14704 5 12289and 14702 of2009 rnaybe readas ITT 3Rest of the instructions will rcmain same as publishedin the advertisementclt 16308 4This advertisementis only lor the purpose to gatherthe informationof the identityof the 1 eligiblepersons 0 should reach by 2209 C I postobcfore the Principal Distt C5 Education and Social WelfareInstitutions I 4 6The applicationwho have alreadysubmitted Z 5r their in referencelo thc advertisement 2 theyshould not to resubinit the same and thosc I candidateswho could not submil their 08 0 by25708 theycan now submitthc A3 Another public notice was issued by the SCERT Punjabdaled Z 2372009 in continuation to earlier advertisement dalcd 162008 and Ll 2312009 whcrebycondition of having50Io marksin 1042 in General and 450Iomarksfor ScheduledCaste Category Was laid down It was also prescribedlhat the EGS volunteers should havc passed Punjabiupto 10 Class and certificatcl perccntageof marks C wouldbe consideredduringthecounseling which was noii lied to be heldon 25 July 2009 The pctitioners their EGS TeacherUnion Punjab submittedlheir to the Director objecting to lhe condition of 50Io marks for General and 45Io marksfor the reservedcatcgotycandidatcs ln the public notice clated 2372009 In the meanwhilc anothcr public notice dated1782009 was issuedin continuation to earlier three public Anita Rani 2014.04.02 12: 59 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 62 CWP N0se1353117355 12463 12525 13717 13801 14704 6 12289and 14702 of2009 notices dated 1672008 232009 and 2372009 respectivelyr6iterating the eligibilitycondilions of 500 marks for Gencral Categoryand450 marksfor reservedcategories inl02 examination Even the candidateswho passedin the first counselingand who had not passedPunjabitill 22009 14 and also the candidateswho had not the fce and ae willingto 4 C dcpositlhe fee were further callccl for Oll 192009 The 0 pctitioners have challengedthe publicnotice dated 2332009 17009 0 whereby the condition of 50010and45Iomarks for General and Reserved I 0 Categories was introducedas eligibililvfor admission to ETT I course The contention of the 1S thal by 1SSUIng Z publicnotices theoriginaladvertisementnotice is 0 sought to be amendcd which is in law Thc Statehas filed a t I detailed replyIt is slated that the originalpublicnotices dalcd 1672008 eS 4V and 231 009 were lll fact not the advertisemenlnolicesfhese notices oo J were issuedonlyfor collection ofinfonnationto identifyeligiblecandidates Z from EGS volunteers It is furtherstated that the publicnotices dated fl 232009 and 1782009 though issuedbyway 01 bul ln fact the publicnotices laid down the for admision for Teacher Training Furthcr stand of the Stale is thal lhe eligibilityconditionshave been laid down by the NCTE thc apexbody ee which regulates the iinparting of ETT andolher Tcacher TrainingCourses 111the countryThe Statc has also placedon record Annexure Rl which is Appendix2 of thc nonns and standards for Teacher issued by the NCTE Under 2 00 the said notification the for admission to I3Ed Coursc are The condition readsas underl Anita Rani 2014.04.02 12: 59 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 63 V CWP Nos13531 17355 12463 12525 13717 13801 14704 7 12289and14702of2009 32 Eligibility 322 Candidate with at least 500Iomarks in the senioritysecondary 32 The reservation for SCISTIOBC and other shall be as per the rlllcs of the Central 1 tr GovemmentlStateGovernment whichever is 0 There shall be relaxation of 50Iomarks C0 0 111favourof SCISTIOBC and other categoriesof C9 candidates 95 Z I4 Thoughthe State relied upon the nornls by the NCTE Z however lhe NCTE was not a partyto the petitionVide a r order dated 201 02009 passedin some of the wril petitionsi ncluding I CWPN012463 of 2009 NCTE was as party ancl cll 00 askedto flleitsreplyNCTE hasalso 61edits reply thestandof me0 theStateas regardthe eligibility for admission to lhe course lt is Z statedlhat under 2005 and norms and standardfor Elementary tl Teacher thecligibility was at least450Ioinarksin the or its examination Howcver these were substitutedby 2007 wherein the minimum marks were al least 500Ioin the Sr SecoildaryIxaminalion with ewe relaxationof 50Iomarks in case of ReservedCategoriesln VICW of thc above stand f the NCTI3 the eligibilityprescribcd by thc Statevide its dated237009 and 782009 cannot be said to beillegalIt 1S alsorelevant to notice that the first two publicnolices dated167 2008 and 232009 mentionabout the information to identifythe eligible candidates Paragraph 2 of the aforesaid publicnotice reads as Anita Rani 2014.04.02 12: 59 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document r 64 4 CWP Nos13531173551246312525137171380114704 8 12289and 14702 of2009 underl The eligibilityand identityfor eligiblecandidatesfor admission to ETT Cours It is evident that public notice dated 233 2009 prescribesthe mlnimum for General and ReservedCatcgoricsLcarned counsel a f for thepetitioners has relicd upon two ofthis Courl 111the case 0 of Subhash Chandra VSe The Institute of Medical CA0 I Education and Research Chandigarh and another 1997 RSJ 346 it C5 has been held that the admissionbrochure cannot bc permiuedto be I amendedor altered at lhe stageA similar view has beenheld in Z the case of Munish Khanduja vse Guru Jambheshwlar UniversityHisar r and othcrs 200231RSJ63 In the presentcasc thequestionis of the I eligibilityThe flrst two publicnoticesrelied upon by the are 111 06 C CCl fact not the brochure for admission The condilionin W2 the aforesaidnoticesis regarding the infonnalion in respectofthe eligibility Z ofthe EGS Volunteers These notices were followedbytwo publicnotices layingdown the eligibility as per the norms laid down lIythe NCTE It lS also pertinentto note that as per the replyfiled by the NCTE these eligibilityconditions have been laid down by the stalutory framed by the NCTE The statutorycondition laid clown cannot be em with These conditions have to be followed beingessenlial eligibilityfor admission to the course These petitions werc filed for admission to the Course duringthe sesston 2009e2010 It is molle than one year Otherwise also at this belated stage 110 relief can bc granted to the petitioners ln CWP Nosl2525 and 13713of 2009 the petitioners have also placedon record a publicnotice Anita Rani 2014.04.02 12: 59 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document r 6 j 1 1 CWP Nose1353117355 12463 12525 1371713801 14704 9 12289and14702of2009 dated 262201 0 wherein the EGS volunteers have bcen givenspeciil chance to improve the percentageIt is contended on behalf of the petitioners that the pe titionersare entitledto improvetheir perccntageand theymay be permitted to do SO Suffle it to say that if the petitionersare cntitled to improvetheir percentage interms of thc aforementionedpublic 1 Lr notice theyare at libertyto do SO Oil of their percentage 0 theywil l othcrwisebecome eligibleto applyand seek adinlssion to the 0 Course However this is possibleonlyfor future admissions The Currenl I 0 Academic Session commenced morc than one year back and thus the I petitioners are not entitledto seek any Ioenefitof this publicnotice at this Z 5 stage e tr In vicw of the abovc I Ond 110 merit in these writ Ietitions Dismissed No order as to costs 08 Copyofthis orderbe placed on record on each concernedSIe Oo 3 C Z 1Q0 1 Clm 1PERMODKOHLII 4 JUDGE 3 0 6 2010 MFK NotelWhether to be rerred to reporteror notYESINO 1 b 0 Lf IV Anita Rani 2014.04.02 12: 59 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document