Rajinder Kaur v. State Of Punjab And Others



IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** CWP No. 18589 of 2020 Date of Decision: 05.11.2020 Rajinder Kaur Petitioner

Versus

State of Punjab and others Respondents CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. J. S. Maanipur, Advocate for the petitioner. Ms. Ambika Bedi, AAG, Punjab.

AVNEESH JHINGAN, J (Oral):

The matter is taken up for hearing through video conference due to COVID-19 situation.

The present petition is filed seeking direction to the respondents to consider the petitioner eligible for the post of ETT Teacher in category of Backward Class.

The advertisement was issued on 6.3.2020 for filling up 664 posts of ETT Teachers on account of backlog of SC (R&O), Handicapped category and Freedom Fighter category. The educational qualification, as per clause (2) of the advertisement for ETT Teacher, is quoted below: "(2) Should possess two years Elementary Teachers' Training course from a recognized university or institution or two years Diploma in Elementary Education (D.EI.Ed) or qualifications as per guidelines of the National Council for Teachers' Education."

  Learned counsel for the petitioner relied upon notification dated 28.6.2018 of National Council for Teacher Education. The relevant portion thereof is quoted below:

"(1) In the said notification, in para 1 in sub-para (i), in clause (a) after the words and brackets "Graduation and two year Diploma in Elementary Education (by whatever name known), the following shall be inserted, namely:- OR "Graduation what at least 50% marks and Bachelor of Education (B.Ed.)"

(2) In the said notification in para 3, for sub para (a), the following sub-para shall be substituted namely:- "(a) who has acquired the qualification of Bachelor of Education from any NCTE recognized institution shall be considered for appointment as a teacher in classes I to V provided the person so appointed as a teacher shall mandatorily undergo a six month Bridge Course in Elementary Education recognized by the NCTE, within two years of such appointment as primary teacher." The case set up is that as per the notification dated 28.6.2018, the petitioner is eligible.

On a specific query from the Court with regard to cause of action to file the present petition, learned counsel for the petitioner submitted the form is not being accepted. However, realising that there is nothing on record to substantiate the submission, he seeks permission to withdraw the present petition with liberty to approach the respondents. Dismissed as withdrawn with liberty as prayed for.

 There is no doubt that in case any such representation is made, considering the urgency of the matter, the respondents will decide the same expeditiously.

[AVNEESH JHINGAN] JUDGE th November, 2020 mk

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No