CWP No. 3655 of 2010 ::-1-:: IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. 3655 of 2010. [O&M] Date of Decision: 3rd March, 2010. Renu Bala Petitioner through Mr. N.P.Mittal, Advocate Versus State of Punjab & Ors. Respondents CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL) The petitioner seeks quashing of the orders dated 22.10.2009 and 10.01.2010 [Annexures P-12 and P-15] terminating her services as well as the report of the Committee dated 04.01.2010 constituted by the Director, Public Instructions [Elementary Education], Punjab [Annexure P-14]. She also seeks her re- instatement in service with consequential benefits. [2]. The petitioner who is M.A.B.Ed. Qualified, was appointed as a Teaching Fellow against the vacant post of JBT/ETT by the District Education Officer [Elementary Education], Bathinda vide appointment letter dated 27.09.2008 [Annexure P-8], subject to the condition that “in case at any time, the documents regarding your academic and professional qualifications, certificates, degrees and other documents are found fake, your contract of appointment will be terminated ........”. [3]. It is not in dispute that at the time of her selection, the petitioner relied upon her 'working experience' as a Math Mistress in CWP No. 3655 of 2010 ::-2-:: the Summer Hill Convent School, Bathinda w.e.f. 5.10.1995 to 19.9.1997. The impugned order dated 22.10.2009 [Annexure P-12] passed by the District Education Officer [Elementary Education], Bathinda, cancelling the petitioner's appointment, now expressly recites that the afore-stated 'experience certificate' relied upon by the petitioner has been found to be fake and bogus on verification. [4]. Meanwhile, the petitioner represented before the Authorities along with certain documents to assert that the 'experience certificate' relied upon by her is genuine. She also approached this Court by way of CWP No. 16460 of 2009 which was disposed of as infructuous on 10.11.2009 as the Director, Public Instructions [Elementary Education], Punjab had constituted a Committee to consider the objections/representations received from the effected teachers like the petitioner. [5]. It is indeed not in dispute that the petitioner appeared before the aforementioned Committee on 4th, 5th, 12th and 25th November, 2009 in response to a Public Notice and produced various documents to suggest that the relevant records of the Summer Hill Convent School, Bathinda are un-traceable due to a dispute amongst the members of the management and an FIR pertaining to the theft of the record had also been got registered. She also produced information collected under the Right to Information Act, 2005 as well as a letter dated 25.11.2009 of the Employees Provident Fund Organization [Annexure P-5] indicating that the Summer Hill Convent School had contributed its share towards provident fund during the year 1995-97 for the post against which the petitioner had worked. CWP No. 3655 of 2010 ::-3-:: [6]. The Committee, however, was not convinced with the proof/material produced by the petitioner, as it appears that the Pay- Register and Order-Book produced by the Principal of the Summer Hill Convent School, did not support her cause and consequently rejected the 'Experience Certificate' relied upon by the petitioner. On the strength of the said report, the District Education Officer [Elementary Education], Bathinda has passed the second termination order dated 10.01.2010 [Annexure P-15]. [7]. Aggrieved, the petitioner has approached this Court. [8]. In order to assail the report of the Committee, the petitioner has relied upon another communication dated 15.02.2010 [Annexure P-6] which is said to have been sent by the Employees Provident Fund Organization to the DPI[EE], Punjab, the subject and contents whereof read as follows:- “Sub:- EPF Contribution in r/o Smt. Renu Bala bearing PF A/C No. PN/9532/77 through Summer Hill Convent School, Bathinda – reg. Sir, Please refer to your office letter No. Dir./Elementary Education/2010/REC/01 dated 15.02.2010 addressed to Smt. Renu Bala on the subject cited above. The requisite information is given below:- The date of eligibility for Membership of EPF/EPS = 01.09.1996. The contribution has been received from 01.09.1996 to 9/1997. This is for your information please”. [9]. The petitioner urges that since the aforementioned information has now been sent by the Employees Provident Fund Organization on the asking of the Director, Public Instructions [Elementary Education], Punjab and it sufficiently proves that she did work in the Summer Hill Convent School from 9.10.1995 to 19.9.1997, the report submitted by the Committee on 04.1.2010 CWP No. 3655 of 2010 ::-4-:: [Annexure P-14] or the consequential termination order dated 10.01.2010 [Annexure P-15] are against the record and per-se arbitrary. [10]. According to the petitioner, it is imperative upon the Director, Public Instructions [Elementary Education], Punjab to intervene in the matter and issue appropriate orders. [11]. Having heard learned counsel for the petitioner and keeping in view the fact that the letter dated 15.02.2010 of the Provident Fund Authorities [Annexure P-6] was not in existence at the time when the petitioner appeared before the Committee constituted by the Director, Public Instructions [Elementary Education], Punjab and the said Committee, thus, had no opportunity to examine the genuineness of the said letter and also in view of the fact that the Director, Public Instructions [Elementary Education], Punjab himself sought the said information which has now been made available to him by the Provident Fund Authorities, I deem it appropriate to dispose of the writ petition with a direction to the Director, Public Instructions [Elementary Education], Punjab to objectively consider the petitioner's claim regarding genuineness of the experience said to have been gained by her in the Summer Hill Convent School, Bathinda with effect from 5.10.1995 to 19.9.1997 and pass appropriate speaking order, as early as possible but not later than one month from the date a certified copy of this order is received. [12]. Disposed of. Dasti. March 03, 2010. ( SURYA KANT ) dinesh JUDGE