High Court of Punjab and HaryanaCWP/18387/2018dismissed

Amarjit And Others v. State Of Punjab And Others

2018-08-09Mrs. Justice Raj Rahul Garg2 pages

CWP No.18387 of 2018 (O & M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

CWP No.18387 of 2018 (O & M) Date of Decision: August 09, 2018 Amarjit and others ......PETITIONER(s).

VERSUS

State of Punjab and others ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH

Present:

Mr. Ranjit Singh Sidhu, Advocate for the petitioners.

JASWANT SINGH, J. (ORAL) The petitioners are serving as ETT Teachers and have filed the present petition assailing the order dated 24.03.2018 (Annexure P-1) whereby the Senior ETT teachers have been promoted as Head Teachers and posted at various schools.

Counsel for the petitioners heard. In sum and substance, the petitioners are aggrieved by the posting of the Head Teachers in different schools in violation of the minimum standards laid down under the NCTE Rules, which provides that a Head Teacher is to be posted where the strength of the school is more than 150 students. Since the Head Teachers have been posted vide the aforesaid order in schools having strength of less than 60, thereby causing the transfer of ETT Teachers so as to accommodate them, it is contended that their posting is in violation of the aforesaid provisions of NCTE Rules.

The plea is misconceived as the NCTE Rules provide the minimum norms and standards of appointing teachers of the rank in schools AMIT KAUNDAL 2018.08.13 17:25 I attest to the accuracy and integrity of this document

CWP No.18387 of 2018 (O & M) -2with the sanctioned strength. Merely because Head Teachers have been appointed in schools with less than 150 students, cannot give an enforceable right to any other teacher to make a grievance of that. The rule does not bar the appointment of a Head Teacher in a school with strength of less than 150 or even 60 students. It only provides where strength is large, for efficient and effective management of school, there should be a Head Teacher. If a Head Teacher can be appointed for lesser strength schools, it would serve the object even better.

Dismissed.

(JASWANT SINGH) August 09, 2018 JUDGE A.Kaundal Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No AMIT KAUNDAL 2018.08.13 17:25 I attest to the accuracy and integrity of this document