36 CWP N0s13531 17355 12463 12525 13717 13801 14704 1 be 12289and 14702of2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHe DATE OF DECISION 30 e62010 1eCWP No13531 of2009 1 WalityRam and others 0 Petitioners Versus I D StateofPunjaband others Z 2eCWP N0012463of2009 Z 2 BaljitKaur Petitioner Versus t25 StateofPunjab and others rV 3eCWP Noe14274 of2009 1 Kamlesh Kumari etitioners Versus StateofPunjaband others espondents 4CWP N0013717 of2009 Kaur and others Petitioners Versus StateofPunjaband others espondents 5eCWP N0012525 of2009 en9 V 41 e e e4 e Gupta Suruchi 2014.04.09 15: 00 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 37 P WP 40 1 9 t f CWP Nose1353117355 12463 12525 13717 13801 14704 2 12289and 14702of2009 Jaswinder Kaur and others Petitioners Versus StateofPunjab and others 2espondents 6eCWP N0014704of2009 Tek Chand and another 1 t Petitioners 0 Versus I StateofPunjaband others espondents 7CWP N0017355 of2009 I RajniDhaIl Z Petitioners C2 Versus StateofPunjab and others espondents 021 8eCWP No2289 of2009 7 Vikram Singhetc 7 lOetitioners Versus StateofPunjabetc 9eCWP N013801 of2009 MrsPranshakti and others Petitioners Versus StateofPunjaband others 7espondents 10CWP N0014702 of2009 Kaur Gupta Suruchi 2014.04.09 15: 00 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 38 C1 A 07 nwp CWP Nosl3531 17355 12463 12525 13717 1380114704 3 12289and 14702of2009 Petitioners Versus StateofPunjab and others espondents CORAM HONBLE MRJUSTICE PERMOD KOHLI m r 0 PRESENT MrSanjivGuptaMrBPSVirk MrlajinderSinglaMrAminder Singh MrPeeush Dadwal I MrChaman Lal Advocate for thepetitioners a9 I MrPCGoyaI AddAG Punjab Z 2 C Permod Kohli Je I In view of the common questions of facts and law these writ c25 petitions are beingdisposed of bythis common order All the writ petitions eav exceptCWP Nos4274 and 13531 of 2009 were heard on 6A2010 z whereas above referred two writ petitionswere heard on 8 and 9 lm April2010respectively and reserved to be disposedof alongwiththe 1 originalbunch of writ petitions The petitioners in all these writ petitions are workingas volunteers forrunning GuaranteeScheme EGS9for teaching children in the villagesThe EGS Centres were opled under the Guarantee Scheme by the Government of India under Sarv Shiksha Abhiyan Progra StateCouncil of Education Research and TrainingPunjabChandigarh issued a publicnotice invitingapplications to f Gupta Suruchi 2014.04.09 15: 00 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 39 V rl b l No3531 17355 12463 12525 13717 13801 14704 4 12289and 14702 of2009 identifyeligible persons for admission to DEd course clarified as ETT Course9The eligibilityconditions prescribedin the said publicnotice were as under l eThatthe applicantmust have passed1042 or equivalentexamination 1 C 2nThatthe applicantmust have passedthe Punjabi 0 examinationupto10 class C I 3On the date of submilltlgthe applicationdt C9 I 25 72008 the age of the applicantmay not be below than 18 yearsand should not be more than Z r 42 years 2 Q That the applicantmust have taughtfor two I 08 years in the EducationGuaranteeSchemeCentres ClO 6EGS as EGS Volunteersrun byPunjab 7 State 53 Z The last date for submissionof application tl was 25th July 2008 It 1S statedthat the petitionersbeingeligiblesubmittedtheir within theprescribedtime Aforesaidpublicnotice was followedbyanotherpublic notlce seekinginfonnation and identityfor eligflble C candidatesfor admission to ETT course This public notice was 111 modiflcationof the earlier publicnouce Followingmodiflcationswere notiOed 1That maximum age of 42 years mentioned in the earlier advertisementin Eligibilitycolumn no A is beingremoved 2 The DEd published in the earlier advertisement Gupta Suruchi 2014.04.09 15: 00 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 40 1 m4r No13531 17355 12463 12525 13717 13801 14704 5 12289 and 14702 of2009 maybe read as ETF Rest of the instructions will remain same as publishedin the advertisement dt 16308 4eThis advertisement1S Only for the purpose to gatherthe information of the identityof the r eligiblepersons 0 5Applicationsshould reach by 209 through CA0 I registeredpost before the Principal Distt C5 Education and Social Welfare Institutions I 6eThe applicationwho have alreadysubmitted Z their application in referenceto the advertisement theyshould not to resublnit the same and those I candidates who could not submit their appIications 5 OO by257708theycan now submitthe mwm Another publicnotice was issued by the SCERT Punjabdated Z 232009 ln continuation to earlier advertisementdated 1672008 and Cl 2312009 wherebycondition of having50Io marks 111 1042 inGeneral and 45Io marks for ScheduledCaste was laid down It was also prescribedthat the EGS volunteers applicants should have passed C Punjabiupto 10 Class and experiencecertiScatel percentageof marks would be consideredduringthe which was notifled to be held on 25 July 2009 The petitionersthrough their EGS Teacher Union Punjab submittedtheir to the Director to the condition of 50Io marks for General and 450Iomarksfor the reservedcategorycandidates 111the publicnotice dated 2332009 In the meanwhile another public notice dated 1782009 was issued in continuation to earlier three public Gupta Suruchi 2014.04.09 15: 00 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 41 r V Nosel 17355 12463 12525 1371713801 14704 6 12289and 14702 of2009 notices dated 1672008 232009 and 2372009 respectivelyreiterating the eligibilityconditions of 50Io marks for General Categoryand40 marlcsfor reserved categoriesinl0442examination Even the candidateswho passedin the first counselingand who had not passedPunjabitill 222009 and also the candidateswho had not deposited the fee and cl ase willingto a 14 1 depositthe fee were further called for counseling 1C182009 The Oll 0 petitionershave the publicnotice dated 232009 172009 C wherebythe condition of 50Io and45Iornarks for General and Reserved C was introducedas eligibility for admissionto ETT course The contention of the petitioners1S that by 1SSUlng Z r publicnotices the originaladvertisementnotice a 1S Q soughtto be amendedwhich is I ln lawe The Statehas filed a detailedreply It is statedthat the originalpublicnotices dated 1672008 08 0 and 2312009 were ln fact not the advertisementnotices These notices 3 were issuedonlyfor collection of informationto identi67 eligiblecandidates Z from EGS volunteers It is 8irther stated that the publicnotices dated Ll 2372009 and 1782009 though issued by way of but lIl fact the public notices laid down the for admissionfor Teacher Training Further stand of the State is that the eligibilityconditionshave been laid down by the NCTE the apex body edeer Which regulates the of ETT and other Teacher Training Courses lIl the countr The Statehas also placedon record Annexure Rel which is Appendix 2 of the norms and standards for Teacher issued by the NCTE Under paragraph32 of the said notiflcationthe qualiflcations for admissionto B3d Course are prescribed The condition readsas under Gupta Suruchi 2014.04.09 15: 00 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 42 j CWP Nosl3531 17355 12463 12525 13717 13801 14704 7 12289and 14702 of2009 32 Eligibility 322 Candidate with at least 500Iomarks in the senioritysecondary 322 The reservation for SCISTIOBC and other categoriesshall be as per the rules of the Central m tr GovemmentlStateGovernment whichever lS 0 applicableThere shall be relaxation of 5Io marks Co I 111favour of SCISTIOBC and other categories of C candidate I Thoughthe Staterelied upon the norms prescribedby the NCTE Z however the NCTE was not a party to the petitionVide C order dated 20102009 passed of the writ petitionsincluding 8 ln some I CWPN012463 of 2009 NCTE was impleaded as party and O2I 00 askedto flle its replyNCTE has also flled its replysupporting the standof wm the Stateas regardthe eligibilityprescribedfor admissionto thecourse It is Z statedthat under 2005 Regulation and norms and standardfor Elemehtry tl Teacher theeligibilityprescribed was at least45Io marks in the or lts equivalent examination However these were substitutedby 2007 wherein the minimum marks prescribedwere at least 50Io in the Sr Examinationwith eV relaxation of 5Io marks in case of Reserved CategoriesIn view of the above stand of the NCTE the eligibilityprescribedby the Statevide its notificationsdated2372009 and 172009 cannot be said to be illegalIt 1S also relevant to notice that the first two publicnotices dated 1672008 and 2312009 mention about the informationto identis7the eligiblecandidates Paragraph 2 of the aforesaid public notice reads as Gupta Suruchi 2014.04.09 15: 00 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 43 4 V4 No 1735 12463 1252513717 13801 14704 8 12289and 14702 of2009 under The eligibiIityand identityfor eligiblecandidatesfor admission to ETT Cours It is evident that public notice dated 2372009 prescribesthe mlnimum percentagefor Generaland ReservedCategories Learnedcounsel m r for the petitioners has relied upon two ofthis Court In the case 0 of Subhash Chandra VS The Institute of Medical C0 I Education and Research Chandigarh and another 19931RSJ 346 lt 0 has been held that the admissionbrochurecannot be permittedto be amendedor altered at the stageA similar view has Z been held in the case of Munish Khanduja vse Guru JambheshwarUniversityHisar 4r and others 200231RSJ 463 In the presentcase the questionis of the The tlrst two publicnoticesrelied upon bythepetitioners are rZt 111 a 10 fact not the complete brochurefor admissionThe conditionin mwo the aforesaidnotices is regarding the Z informationin respectofthe eligibility ofthe EGS VolunteersThese notices were Ll followedbytwo publicnotices layingdown the eligibility as perthe norms laid down by the NCTE It lS also pertinentto note that as per the reply filed by the NCTE these eligibilityconditions have been laid down by the statutoryregulations framed by the NCTE The statutorycondition l aid down cannot be dispensed with These conditionshave to be followed beingessential eligibility for admissionto the course These petitionswere filed for admissionto the Course duringthe session 20092010 It is more than one year Otherwisealso at this belated stage no relief can be grantedto the petitionersIn CWP Nosl2525 and 13713 of 2009 the petitionershave also placedon record a publicnotice Gupta Suruchi 2014.04.09 15: 00 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document V 1 Nose 17355 12463 12525 13717 13801 14704 9 12289 and 14702 of2009 dated 2622010 wherein the EGS volunteers have been given special chance to improve the percentageIt is contended On behalf of the petitionersthat the petitionersare entitled to improvetheir percentageand theymav be permittedto do SO Suffice it to say that if the petitionersare entitledto improvetheir percentageln terms of the public Lr notice theyare at libertyto do SO On of their percentage 0 theywill otherwisebecomeeligibleto applyand seek admissionto the Ca3 Course However this is possibleonly for hltureadmissionsThe Current C5 Academic Session commenced more than one year back and thus the I petitioners are not entitled to seek any benefltof this publicnotice at this Z 5 stage m In view of the above I find no merit 111 these writ petitions Dismissed No order as to costs Ol QO Copyofthis order be placed on record on eachconcemed file mwo Z C LQ 1 tl PERMOD KOHLo e 30 JUDGE 6 2010 MFK NotelVVhethertobe referredto reponerornotYESINO tD C Gupta Suruchi 2014.04.09 15: 00 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document