CWP No.9925 of 2005 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CWP No.9925 of 2005 Date of Decision: 9.03.2010 Hawa Singh &Ors. ......Petitioners Vs. State of Haryana & Ors. ….Respondents Coram:- Hon’ble Mr. Justice Vinod K. Sharma, Present: Mr. G.K. Chatrath Sr. Advocate, with Mr. Vikas Chatrath & Ms. Alka Chatrath,Advocates, for the petitioners. Mr. A.S. Ghangas, Additional AG, Haryana, for the respondents. --- 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in Digest? --- VINOD K. SHARMA, J . This judgment shall dispose of: 1. CWP No.9925 of 2006, Hawa Singh &Ors. Vs. State of Haryana & Ors. 2. CWP No.11351 of 2005, Jai Bhagwan &Ors. Vs. State of Haryana & Ors. CWP No.9925 of 2005 2 3. CWP No.9986 of 2005, Hoshiar Singh &Ors. Vs. State of Haryana & Ors. 4. CWP No.15666 of 2006, Padam Kumar &Ors. Vs. State of Haryana & Ors. 5. CWP No.16649 of 2007, Ranbir Singh &Ors. Vs. State of Haryana & Ors. 6. CWP No.18144 of 2006, Krishan Kumar &Ors. Vs.State of Haryana & Ors. 7. CWP No.5330 of 2007, Anand Parkash & Anr. Vs. State of Haryana & Ors. 8. CWP No.6148 of 2007, Satbir Vs. State of Haryana & Ors. 9.CWP No.1519 of 2009, Diwan Singh & Ors. Vs. State of Haryana & Ors. 10. CWP No.9428 of 2006, Joginder Singh & Ors. Vs. State of Haryana & Ors. 11. CWP No.13348 of 2009, Ravi Bhan Singh Vs. State of Haryana & Ors. 12. CWP. Os.440 of 2007, Jai Singh & Ors. Vs. State of Haryana & Ors. 13.CWP No.409 of 2007, Balbir Singh & Ors. Vs.State of Haryana & Ors. 14.CWP No.598 of 2007, Rajpal Vs. State of Haryana & Ors. 15.CWP No.637 of 2007, Dilbagh Singh & Ors. Vs. State of Haryana & Ors. 16.CWP No.761 of 2007, Rajinder Singh & Ors. Vs. State of Haryana & Ors. 17.CWP No.828 of 2007, Satish Kumar Vs. State of Haryana & Ors. 18.CWP No.4169 of 2007, Ram Kumar & Anr.& Ors. Vs. State of Haryana & Ors. 19.CWP No.15403 of 2007,Balwan Singh Vs. State of Haryana & Ors. 20.CWP No.2337 of 2005, Ram Kumar & Ors. & Ors. Vs.State of Haryana & Ors. 21.CWP No.15371 of 2006, Karamvir & Ors. Vs. State of Haryana & Ors. 22.CWP No.16055 of 2006, Baljit Singh & Ors. Vs. State of Haryana & Ors. In CWP Nos. 9925, 11351 and 9986 of 2005, 15666 of 2006, 16649 of 2002, 18144 of 2006, 5330 and 6148 of 2007, 9428 of 2006 and 13348 of 2009, the petitioners have challenged their termination. CWP No.9925 of 2005 3 In CWP Nos.2337 of 2005 and 1537, 16055 and 15371 of 2006, the petitioners who have been selected for appointment have not been given appointment letter, therefore, the petitioners seek writ of mandamus seeking direction to the respondents to allow them to join duty in pursuance to their selection. In CWP Nos.440, 409,598, 637, 761, 828, 4169 and 15403 of 2007 the petitioners well permitted to be interviewed but their result of interview has not been declared. The controversy involved in these writ petitions is as to whether the “Unit Education Instructor Course” undertaken by the petitioners from the Army Educational Corps Training College and Center, Panchmarhi (hereinafter referred as Training College) can be treated to be equivalent to J.B.T., so as to hold the petitioners eligible for appointment as JBT teacher in the State of Haryana. For the sake of brevity, facts are being taken from CWP No.9925 of 2005. The petitioners in the writ petition were appointed as Junior Basic Training teachers, on the recommendation of Haryana Staff Selection Commission, but their services were terminated vide order dated 2.6.2005, which reads as under:- “The order passed by the Director, Primary Education, Haryana issued vide No.16/27-01 Estt-II (I) dated 15.6.2001 on the basis of the decision of Hon'ble Punjab and Haryana High Court in Civil Writ Petition No.2988/2001- Prem Singh Vs. Haryana State, and the directions issued to all the District CWP No.9925 of 2005 4 Primary Education Officers vide order No.16/27-2001 Estt-II (I) dated 13.8.2001 and keeping in view the instructions issued vide order No.20/11-2004 Estt.II(4) dated 3.3.2005, those Ex- servicemen, who have been appointed on the posts of JBT Teachers and who are possessing the Unit Education Instructor Training Certificates which is of 3 months duration, is not equivalent to 2-years JBT/D.Ed course of Haryana State. The JBT Teachers with the following description working under this office also come within this purview:- Sr. No. Name and Father's Name Roll No. Eligibility. 1 Sh. Pardeep Kumar s/o Shri Ami Lal, Vill. Dadot (Mahendergarh) presently working in Govt. Primary School, Dadot 3889 Matric, U.E.I. Diploma and Graduation Certificate from Military. 2 Shri Suraj Pal s/o Sh. Narain Singh Vill. Pota, (Mahendergarh) presently working in Govt. Primary School, Kheri Talwana. 6717 B.A.-I, U.E.I. Diploma and Graduation Certificate from Military 3 Shri Hoshiar Singh s/o Sh. Banwari Lal Village Ahmedawas, PO Bisalwas, Teh. Loharu (Bhiwani) Presently working in GPS Dhani Jajma. 11464 10+2 (open) UEI Diploma and Graduation Certificate from Military. While affording opportunity of hearing to the aforementioned JBT Teachers, they were issued notice vide office order CWP No.9925 of 2005 5 No.District/JBT-05/05/4110, 4116 and 4126 dated 15.4.2005 to produce the proof in this regard and explain the position. In pursuance to this notice, all the JBT Teachers while submitting their reply personally, vide their letter dated 2.5.2005, only produced the certificates of the above said qualification, but no such proof was produced to the effect of equivalence/recognition of Unit Education Instructor with 2 years diploma of JBT/D.Ed from Haryana State. In these circumstances the aforementioned JBT Teachers are not eligible to continue in Govt. Job. I have examined the facts thoroughly from which it is clear that these teachers do not have anything in their defence. Therefore, keeping in view the decisions of the Hon'ble High Court, I hereby pass the order to terminate the services of the aforementioned teachers from the post of JBT Teachers with immediate effect- Dated 24.5.2005 Sd/- (Vikas Gupta) IAS Addl. Deputy Commissioner- cum-Chief Executive Officer, Zila Parishad, Narnaul.” The petitioners in these writ petitions joined the defence forces, after completing their 10+2 from Haryana School Education Board. During the course of their employment with the army, they were deputed to “Instructor Training Course”, conducted by the Training College. All the petitioners successfully completed their course and were issued necessary CWP No.9925 of 2005 6 certificates. Certificate issued to one of the petitioners reads as under:- “Serial No.XII/13 In lieu of IAFX-1952 ARMY EDUCATION CORPS TRAINING COLLEGE AND CENTRE INSIGNIA Number 287838 Rank RFN Name Rajinder Parsad Unit: Raj. Rif. C/o 56 APO has attended the Unit Education Instructor's Course. Serial No.UEI-103 held from 07 Sep., 87 to 12 Dec., 87 at this Training College and Centre and has obtained grading 'AX' vide SAO 4/S/78. Special Remarks: Sd/- Sd/- Officer Incharge Course Lt.Col. Panchmarhi, Dated 28 Dec. 87 Instructor Class A AEC Training College & Centre for Commandant.” In order to provide opportunities to the discharged/retired army officials, Central as well as State Governments have been framing rules and issuing instructions from time to time for their absorption in Civil Services, further in order to make them eligible to compete for the posts, the courses undertaken by the defence officials, during their service are given equivalence, for appointment to the post in civil services. Equation of the post is guided by the following principles:- “i) Job contents of trades in the Army. ii) Nature, type and length of training received by Army personnel. CWP No.9925 of 2005 7 iii) Education and technical attainment of Army personnel. iv) Occupational suitability of Army tradesmen for particular civil occupation and employability in civilian trades. v) Aspirations of army personnel in view of their rank and position in the army.” The Director General of Employment and Training, Ministry of Labour, Government of India prepared a directory of Equation of service Trades with Civil Trades. The Directory has been prepared to identify various trades, in the Armed forces, holder of which is eligible to be appointed after demobilization. The list has been prepared, with an object to help the ex-servicemen to apply for different posts on the basis of service rendered in the Armed Forces. Govt. Of India has been preparing directory since 1945. The Govt. has been including various trades in the directory. The Directory is aimed to help the Employment Exchanges in the country. The directory includes most of the trades, but is not exhaustive list, because with the change of time, new occupations and new trades are introduced in the defence services, so it is revised from time to time for civil equivalence of the army trades. The latest directory was issued in 1986. Under the said Directory, Education Instructors' course has been equated with School Teacher Trade which reads as under:- CWP No.9925 of 2005 8 Trade/Group/Branch/ Occupational Note Qualificatio ns NCD Code No. Civil Trade Equivalent. Instructor AEC (AEC) Instructs and origanises classes for Army Ist Class Certificate of Education, Army 2nd Class English Certificate and Hindi in Army 3rd Class Certificate of Education. Is qualified in methods of instruction, Teachers Mathematics, Science, History, Geography, Citizenship, Hindi, English and map reading to soldiers. Recruits and transfers from other arms/services . Education: Army Special Class Certificate or Matriculation 152.10 153.10 193.60 Middle School Teacher Primary School Teacher P.T. Instructor Central Government has further, framed the rules known as Ex- Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979. Under these Rules, it has been provided that an ex-servicemen who has put in not less than 15 years of service in the armed forces of the Union, can be considered eligible for appointment to the post, for which essential qualification prescribed is graduation. The petitioners, therefore, claimed that their qualification is equivalent to graduation. Rule 6 and 6-A of the rules reads as under:- “6. Special Provision regarding education qualification: (1) For appointment to any reserved vacancy in Group 'D' posts, every Ex-servicemen who has put in not less than three years' service in the Armed Forces of the Union shall be exempt from the minimum education qualification, if any, CWP No.9925 of 2005 9 prescribed in respect of such posts. (2) For appointment to any reserved vacancy in Group 'C' posts, the Appointing Authority may, at its discretion, relax the minimum education qualification, where such qualification prescribed is a pass in the Middle School Examination or any lower examination, in favour of Ex-servicemen who have put in at least three years' service in the Armed Forces of the Union and who are otherwise considered fit and suitable for appointment to such posts, in view of their experience and other qualifications. (3) For appointment to any reserved vacancy in Group 'C' posts, to be filled partly by direct recruitment and partly by promotion or transfer, where the minimum education or technical qualification prescribed for appointment by direct recruitment is higher than that prescribed for promotees or transferees, an Ex-Serviceman shall be deemed to satisfy the prescribed educational or technical qualification, if he,- (i) satisfies the education or technical qualification prescribed for direct recruitment to the post from which promotion or transfer to the post in question is allowed; and (ii) has identical experience of work in a similar discipline and for the same number of years in the Armed Forces of the Union, as prescribed for promotees or transferees. CWP No.9925 of 2005 10 (4) For appointment to any reserved vacancy in Group 'C' posts, a matriculate Ex-serviceman (which term includes an ex- serviceman, who has obtained the Indian Army Special Certificate of Education or the corresponding certificate in the Navy or Air Force), who has put in not less than 15 years of service in the Armed Forces of the Union may be considered eligible for appointment to the posts for which the essential educational qualification prescribed is graduation and where, (a) work experience of technical or professional nature is not essential; or (b) through non-technical professional work experience is prescribed as essential, yet the Appointing Authority is satisfied that the ex-serviceman is expected to perform the duties of the post by undergoing on the job training for a short duration. (5) For appointment to any reserved vacancy in Group 'C' and Group 'D' posts, where the prescribed minimum education qualification is matriculation, the appointing Authority may, at his discretion relax the minimum educational qualification in favour of an ex-serviceman who has passed the Indian Army Class-I Examination or equivalent examination in the Navy or the Air Force and who has put in at least 15 years of service in the Armed Forces of the Union and other qualifications. Explanation- For the purposes of this rule, in computing the CWP No.9925 of 2005 11 period of three years' service, there shall be added any period of service which an ex-serviceman has rendered while serving in a corresponding post or posts in a civil department, or a Public Sector Undertaking or an autonomous organization, whether under the Central Government or any State Government, or in a Nationalized Bank to the period of service rendered in the Armed Forces of the Union. GOVERNMENT OF INDIA'S ORDERS (1) Relaxation of educational qualifications for entry into service in sub-rule (4) and (5) also applies for promotion. - It is clarified that the relaxation of education qualification granted to Ex-Servicemen for entry into services envisaged in sub- rules (4) and (5) of Rule 6 above, shall also apply for the purpose of promotion to the higher grade. 6-A Lower Standard for Selection In the case of direct recruitment, if sufficient number of candidates belonging to the ex-servicemen are not available on the basis of general standard to fill all the vacancies reserved for them, candidates belonging to the category of ex- servicemen may be selected under a relaxed standard of selection to make up the deficiency in the reserved quota subject to the condition that such relaxation will not affect the level of performance by such candidates.” As already mentioned above the petitioners in CWP No.9925 CWP No.9925 of 2005 12 of 2005 Hawa Singh and others Vs. State of Haryana and others and in other connected cases were treated, to be qualified by the Haryana Subordinate Service Selection Board, for appointment as JBT Teachers and were appointed in the Primary Schools, in pursuance to their selection. A notification dated 10.8.2005 was issued by the Haryana Government, vide which functional control of primary schools which was transferred to Zila Parishad/Municipalities, was rescinded and the schools were taken over by the State Government. In the notification while taking over the schools, it was provided as under:- “1. All actions taken by the respective Zila Parishad and Municipalities till the issue of this notification, as per provision of the notification dated 30. March 2001 will be valid for all intents and purpose. 2. Immovable/Moveable assests and liabilities vested in the Zila Parishad/Municipalities are re-vested back with Education Department. Any additional assets or liabilities created while Government Primary Schools were under the functional control of the Zila Parishad/Municipalities will also vest in the Education Department with immediate effect. 3. The services of JBT teachers of Education Department which were placed at the disposal of the Zila Parishads/municipalities will be taken back in Education Department and orders of declaring this cadre as a diminishing cadre is rescinded. 4. All the JBT teachers recruited by the Department and CWP No.9925 of 2005 13 Panchayats Department/Zila Parishads, will be merged in the cadre of JBT teachers of the Education Department, subject to the following terms and conditions, and on such JBT teachers giving an affidavit to the extent that such terms and conditions are acceptable to them. The terms and conditions on which the JBT teachers will be merged in the Education Department are as follows:- (i) Those Primary school teachers who are 10+2 and not Graduate (which is the present prescribed qualification) should complete graduation within a period of 5 years. If they fail to do so their services would be liable to be dispensed with thereafter. (ii) They should pass a test to be conducted by the Education Department. If they fail to do so their services would be liable to be dispensed with thereafter. (iii) The Police verification and Medical check up would be got done as required for new appointments to Government service. (iv) The genuineness of the certificate of education qualification would be got verified from the concerned University/Board of Education. (v) Such teachers working in the districts would be absorbed in the Government Schools in the respective district, as JBT Teachers are borne on the district cadre. While CWP No.9925 of 2005 14 doing so their present inter-se seniority would be protected. (vi) After such teachers fulfill condition (ii), (iii) and (iv) above they will be treated as new entrants in the Education Department from the date of issuance of notification and placed in the pay scale as applicable to the teachers recruited by the Government and governed by the Primary Education (Group-C) District Cadre Service Rules, 1994.” It would be clear from the impugned order, that the petitioners were not found eligible, to hold the post, therefore, the order was passed to terminate their services. The State of Haryana issued instructions on 15.9.1988 regarding giving of recognition to Military Qualification (Military Trades) as equivalent to the civil trades, as enshrined in the booklet for the purpose of recruitment to civil posts. The instructions issued read as under:- “ I am directed to invite yours attention, on the subject noted above, and to say that the matter of treating military trades as equivalent to civil trades, for the purpose of appointment in civil posts, was under consideration of the Haryana Govt. for some time, and after consideration the Govt has decided that the trades of all ex-servicemen in different CWP No.9925 of 2005 15 forces would be considered as equivalent of civil jobs as mentioned in the booklet for the purposes of appointment in civil posts. CC: a) Financial Commissioner and Secretary, Govt. Of Haryana, Revenue Deptt. Chandigarh. b) All the Administrative Secretaries, Govt, of Haryana, Chandigarh. Sd/- Under Secretary, Education For Commissioner and Secretary, Govt. Of Haryana, Education Deptt.” On 18.3.1975 State of Haryana issued instructions regarding recognition of qualifications for appointment. Instructions issued on 18.3.1975 read as under:- “Subject: Regarding recognition to various qualifications for appointment. Sir, It is informed by inviting your attention on the subject noted above that the Government had been considering to change in the present policy of recognizing various qualifications. Now the Government has taken following decisions: CWP No.9925 of 2005 16 i) The degree and diplomas etc recognized by the Government of India, shall be recognized by the Government of Haryana. ii) The degrees and diplomas etc issued by the recognized Universities and High/Higher Secondary Board established by the State shall be recognized ipso-facto. iii) Besides it, if any reference has been received from some other State Government regarding rest of degrees/diplomas, that shall be inspected and these diploma/degrees etc. shall be recognized only on reciprocal basis. iv) Besides it, requests for granting recognition are being made from some such institutions which do not fall in any of the three categories, and these institutions are mainly being run in the subject of music and art etc, and some have already been recognized. No general policy can be made regarding degrees/diplomas given by these institutions. If there is any such request, it can be considered on the merits. In the above decisions, Universities shall mean such recognized Universities which:- 1. Have been incorporated by the law in any State of India. 2. In the case of certificate, diplomas and degrees conferred as a result of examination held before 15th August, 1947, CWP No.9925 of 2005 17 Punjab, Sind or Dacca Universities. 3. Any other University which is declared by the Government to be recognized. But if the State Government de-recognizes or de- recognized, any degree of any University, that degree shall not be deemed to be recognized until the Government does not take an independent decision about it. If any department of other State awards such certificates/diploma, on the basis of any kind of examination, which makes one eligible for appointments, and it requests for giving recognition to that certificate/diploma for the purpose of appointment shall compare the period, eligibility and syllabus etc. of such degree of other State with the degree used by our State. Thereafter, if it comes to a conclusion that there is no objection in granting recognition, on reciprocal basis to the degree of other State equivalent to such degree, it may make due recommendations to the Education Department so that necessary action may be taken on it.” The case of the petitioners is that course undertaken by the petitioners at Training College, has been declared equivalent to JBT certificate by the Madhya Pradesh Government. The letter issued by the State of Madhya Pradesh in this regard reads as under: CWP No.9925 of 2005 18 “No.F 52/25/2000/C-3/38 To The Principal, UEC Training College and Centre, Pachmarhi (MP) Sub: Regarding recognition of UEI course equivalent to JBT Certificate. Keeping in view the decision taken by the General Body in its meeting dated 29.5.2000, the UEI course conducted by the AEC Training College, Pachmarhi is declared equivalent to the JBT certificate. (As per Orders) Sd/- Officer on Special Duty, Higher Education Department” The Adjutant General Branch of the Army addressed a letter to the Secretary Rajya Sainik Board Panchkula, conveying that the course undertaken by the petitioners has been declared equivalent to JBT teacher and has been so recognized by Barkatullah University. The letter issued by the Adjutant General Branch reads as under. “Telephone: 23012662 Adjutant General Brach. CW-5, Room No. 404, Sena Bhawan, A Wing Army Headquarters DHQ PO New Delhi-II 20 April 2004 B/47004/EQT/12/CW-5 CWP No.9925 of 2005 19 Secretary, Rajya Sainik Board, Sainik Bhawan, Sector 12, Panchkula (Haryana), Equation of Service Trade with Civil Trades 1. Reference your letter No. 31/4/2003-4D-II dated 10 Mar 2004. 2. Diploma in teaching is awarded by AEC Training College and Centre, Panchmarhi which is an autonomous college of Barkatullah University, which is a Member of the Association of Indian universities (AIU) has automatic reciprocal recognition from other universities. 3. A copy of Department of Higher Education, Govt. Of Madhya Pradesh letter No. F/52/25/2000/C-3/38 dated 4/7/2000 is also enclosed herewith. (P. Rana) Col. Dir. CW-5 Encl: (One) For Adjutant General” The matter regarding recognition as JBT Teacher was further conveyed by the ACE Training College and Centre, Panchmarhi. Letter issued by the Registrar reads as under: “ACE TRAINING COLLEGE AND CENTRE, PANCHMARHI (MP) (An Autonomous College of Barkatulla Vishwavidyalaya- Bhopal) CWP No.9925 of 2005 20 Major VK Sharma STD) 07578 Telephone (Mil) 252206, 25228 252245, 252246 (S E A L ) Extn- 210/221 (Civ)- 252948(0) Panchmarhi (MP)-461881 20 NOV, 2004 21071/UEI/109/CI No. 1085831K Ex LD (TS) Ramesh Kumar S/o Shri Chander Bhan Vill/P.O. Mehan, Distt. Rohtak (Haryana) RECONGNITION OF UNIT EDUCATION COURSE CERTIFICATE 1. Reference to your application dated 19 Nov. 2004. 2. It is intimated that ACE Training College and Centre, Panchamarhi is an Autonomous College affiliated to Barkatullah University, Bhopal. The Unit Education Instructor Course is equivalent to Junior Basic Teaching (JBT) Teacher in Civil & the same is recognized by MP State Govt. Sd/- (V.K. Sharma) Major, Registrar, For Commandant Mr. G.K Chatrath, learned senior counsel appearing on behalf of petitioners by referring to the letters referred to above, and also with reference to instructions of the State Government vehemently contended that the course undertaken by the petitioners is to be treated equivalent to JBT Teachers, therefore, the impugned order of termination of the petitioners cannot be sustained, as the petitioners were wrongly held to be not eligible, to hold the post. In