465 C2 j CWP No7107 of2009 etca 1 ie IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHe 7 DATE OF DECISION2 08 402011 1eCWPNoe7107of2009 DreAnandSinghM1lik eeePetitioner m C VERSUS 0 State ofHaryanaand others 0 I C0 2eCWP Noe1103of2010 I DreKrishna Chaudhary ePethlor Z VERSUS C State ofHaryanaand others e e I 3eCWPNoe968of2010 Z DrSurinder Kumar Malik eeePetitioner ClO 7 VERSUS Z State ofHaryanaand others Om ee CORAM HONBLE MRJUSTICE PERMOD KOHLI PRESENT MrK Malik SrAdvocatewith MrVishal Malik Advocate C MrGirish AgnihotriSrAdvocate with Mr BinajeetSinghAdvocate MrPawan KumarSrAdvocatewith Mraqib Ali Khan Advocate for MrD Sharma DAG Haryana MrDS Patwalia Advocate 1 1 Parkash Om 2014.03.22 10: 22 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 466 l V 61 CWP Noe7107of2009 etce 2 Sl Permod KohIi Je Thoughthese petitionshave distinct prayersfor rederessalof their however there 1S of questions of law and thus thesepetitions are being ofbythis common order tm The petitioners in all these cases were of privateaided 0 institutions These institutionshave been establishedby the Societiesand 0 are beingrun by the Managing Bodies of such I C5 societies Petitioner namelyDrAnand SinghMalik was workingas I Lecturer and has beenterminatedvide order dated 133008 lnnexure P Z 13 His revlSlOIl petitionagainstthe order of termination standsrejected n by the Commissioner Education vide his order dated 19102008 Pe159 SimilarlypetitionerDr Surinder Kumar Z Malik was workingas Principalin the nolCollege and was m placedunder vide order dated832008 P19 and has 7 been terminatedfrom service vide order dated 2212010 64nnexure R112 Z not challengedlPetitioner Drrishna was also workingas Principalin the aided collegenamelyMaharani Kishori Jat Kanya She was placedunder vide order dated 832008 Annexure P Disciplinary have been initiated in G respect of Chaudhary by 1SSUlng She has the chargesheetenquiryreportand the show cause notice All the petitionershave also challengedthe approvalgrantedby the Governmentfor disciplinary action against them in their replyhaveobjected to the ofthe writ oetitionon thegroundthat the petitioners haveefficacious remedyof Parkash Om 2014.03.22 10: 22 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 467 11 44 CWP NoO107 of2009 etc 3 4 filingappealin Vlew ofHonble Supreme Court in the case of TMA Pai Foundation and othersvs Stateof Kamataka 62002 SCC 4819and the notification dated 82005 issued by the Haryana Government Technical Education appellate forums In TMA Pai Foundation 6supralHonble SupremeCourt while 1 dealing with the rightsof the teachersand other of the private 0 0 institutionsmadefollowingobservationsl I 641n the case of educational institutions C5 I however we a of the opinionthat requiring a Z teacher or a member of the staff to go to a civil COUrt for the purpose of seekingredress 1S not lll the interest of generaIeducation Disputes between the managementand the staff of Z educationalinstitutions must be decided speedily ClO and without the excessive incurringof costs It 7 Z would therefore be that an Qm Educational Tribunal be set up in eachDistrict in a State to enable aggrievedteachers to file an appeal unless there alreadyexists such an educational Tribunal in a State the objectbeing e4 that the teacher should not suffer throughthe substantialcosts that arise becauseof the location of the Tribuna if the tribunals are limited in number theycan hold circuitlcampsittings111 different districts to achieve this objectiveTill a Parkash Om 2014.03.22 10: 22 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 468 1 7 6 CWP Noe7107of2009 etce 4 specialized tribunal is set up the rightof 61ingthe appealwould lie before the District Judgeor Additional District Judge as notified by the Government It will not be necessary for the instltution to getpnor permission or ex post0 of a authority whiie taking r disciplinary actlOll againsta teacher or any other 0 0 The StateGovernment shall determine I consultationwith the High Court the judicial In C5 I forum in which an teacher can Ole an Z appealagainstthe decision of the management concernmg action or termination of service I State of Haryanahas issued notiflcation dated 82005 as a Z of the directions issued in the case of TMA Pai Foundation oo The relevant notification readsas underl a Z In pursuanceto thejudgmentdated 301 02002 of the Honble Supreme Court of India in TMA Pai Foundation and others vs State of Karnatka 62002681SCC 4819 wherein the Honble Court has observed that for the redressal of of of aidedlunaided 44nneeeevee technicalinstitutionswho are subjected to of termination of services a mechanism will have to be evolvedby tribunals The right of filingappeals would lie before the district and sessions judge or additional district and session judgestill the Parkash Om 2014.03.22 10: 22 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 469 l 1 CWP Noe7107of2009 etce 5 tribunalsare set up It is notified thatthe District and SessionJudges ln the State of Haryanahave been authorized to hear the of the of aidedlunaided technical institutlonsagainstdecision of management within their i by the Honble Punjab c HaryanaHigh Court vide N023414 GazIIIXC1 1 dated 1082005 0 0 Learnedcounsel for thepetitioners however opposed the contention I of the leamed counsel for in this regardWhile refeningto the C5 I Govemmentnotification it is arguedthat these forums have been created Z only in respectof of aidedlunaidedTechnical Institutions whereasthe petitioners in these petitions are not of technical C institutlons Theywere workingas teachers and the institutions are nol I technical To meetthis pleaMr Patwalia learned counsel has referredto a Z Division ofthis Court in the case of SmtSuman Kaila VS oo State ofHarvanaand others CWP No8528 of2006 decided on 2472007 va Z wherein this very notification was set up as a defence againstthe Qm ofthe writ petitionIn theaforesaid case also thepetitioners were of educational institutions The Honble Division Bench the fact that the notification containsreferenceonlyto technical institutions observedas under eeee 44Aller hearingthe counsel for the petitioner we are of the opinionthat the directions of Honble Court in TMA Pai Foundation and others Vs State of Karnatakas case ipra were that Educational Tribunal be constituted in each Parkash Om 2014.03.22 10: 22 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 470 5 C 7 1 7 CWP Noe7107of2009 etc 6 1 District to rederessthe grievances of the technical as well as non4echnical staff Hence the aforementioned notification wouldbe applicable to the non4echnical institutions also However we direct the to bring out a for bringingthe nonm technical institutions also within the ambit of 0 0 notification dated 8005 so that any appeal I the order of managements of non4echnical C0 I institutionsmay also be filed beforethe concerned Z District and Sessions Judgetill such time an EducationalTribunal is constituted Directions are r also issuedto the to constttute a I t0 EducationalTribunal in terms of the 111 Z TMA Pai Foundation and others case CO 4 Thisjudgment has attainedfinalityThus ln view of the directions of 7 Z the Division Bench of this Court which create a bindingprecedentthe have remedyof filingappealbefore the concemed District 8i Sessions District and Sessions Judgeunder whose the are situated Petitionershave raised vanous otherissues relatingto violation of 440 of naturaljusticeSince the StateGovemment hasalreadycreated forums for redressalof such and Honble Division Bench has considered this questionit would not be for this Coun to go into other aspects These petitions are dismissedwith libertyto the petitionersto the Forum6s9constitutedby Parkash Om 2014.03.22 10: 22 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 471 0 CWP Noe7107of2009 etce 7 1 1 notificationdated82005 in pursuanceofthe directionsofthis Coun dated 2432007 in CWP No8528 of 2006 The notifications do not provideany and thus the limitation will not come in the way ofthe Even if by any notification any periodof limitation has been prescribed the same shall stand condoned in view of the pendency of the writ petitionsThe petitioners are allowed four weeks to file appeals before the competentappellate forum6sl 0 0 Copyofthis order be pIaced on recordofeach concernedOle I C5 4 I PERMOD KOHLII JUDGE Z 04e 2011 MFK e NotelWhether to be reported or notYES I r Qo 1 7 Z ll 1 Parkash Om 2014.03.22 10: 22 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document