Research › Search › Judgment

Himachal Pradesh High Court · body

2005 DIGILAW 363 (HP)

ANJU BALA v. STATE OF H. P.

2005-09-27

K.C.SOOD

body2005
JUDGMENT K.C. Sood. J. (Oral),: The petitioners by this petition, under Articles 226 and 227 of the Constitution of India, pray for the issuance of Special JBT Certificate as contemplated under the provisions of Himachal Pradesh Education Code. They further pray that respondents No. 4 and 5 i.e. the Cantonment Board Yol Cantt through its Cantonment Executive Officer and the Headmaster, A.F. Cantonment Board high School, Yol, may be directed to regularise the services of the petitioners at par with JBT Teachers from the date of award of Special JBT Certificate and consequential benefits of pay including arrears and increments. 2. The admitted facts are: The petitioners were in employment as Volunteer teachers in the A.F. Cantonment Board High School, Yol. This School is managed by the Cantonment Board Yol Camp in the district of Kangra at Dharamshala. The petitioners joined this school on 17th November, 1988 and completed ten years of continued service in the year 1998. 3. Chapter VIII of the Himachal Pradesh Education Code provides for the grant of Teachers Special Certificates. Clause 145 of the Code under chapter VIII, provides that JBT Special Certificate may be granted to teachers who have put in approved continuous service in Primary Department of a recognised school for not less than 10 years and have attained the age of 35 years on the day of submission of application. The awardee, it further provides, should have at least passed the Middle Standard Examination and he/she should be a teacher of good moral character duly certified by the head of the office. Clause 145 of the Code reads: "145 JBT Special Certificate may be granted to teachers who have put in approved continuous service in Primary Department of a recognized school for not less than 10 years and have attained the age of 35 years on the day of submission of application. The awardee should have at least passed the Middle Standard Examination and he/she should be a teacher of good moral character duly certified by the head of the office." 4. Clause 153 is proforma of the application for the grant of the Teachers Special Certificate including that of JBT. There is no dispute that the petitioners submitted their application in the prescribed proforma through the Principal of the School to the Government. They were not granted Special JBT Certificate. Even though they did fulfill the necessary qualifications. 5. Clause 153 is proforma of the application for the grant of the Teachers Special Certificate including that of JBT. There is no dispute that the petitioners submitted their application in the prescribed proforma through the Principal of the School to the Government. They were not granted Special JBT Certificate. Even though they did fulfill the necessary qualifications. 5. At this stage, it may be noticed that so far the stipulation that a candidate must have attained the age of 35 years and served for not less than 10 years in clause 145 is concerned, it was amended by the Government of Himachal Pradesh in the year 1998 (Annexure P-8) and communicated to the Director of Primary Education, Himachal Pradesh on 11th December, 1998.The amended provision reads: "J.B.T. Special Certificate may be granted to teachers who have put in approved continuous service in Primary department of a recognized school for not less than five years on the day of submission of application. The awardee should have at least passed the Middle Standard examination and he/she should be a teacher of good moral character duly certified by the Head of Office". 6. Learned Advocate General very fairly submits that the petitioner herein, in view, of the amended provision, fulfill the qualifications for the grant of JBT Special Certificate. 7. So far the question of the regularisation of the services of the petitioners is concerned, Mr. Ajay Sharma, learned counsel for respondents No.4 and 5., submits that the services of the petitioners have since been terminated and there is no question of regularization of their service. 8. Mr. Verma, learned counsel for the petitioners, submits that the petitioners shall seek appropriate remedy, which may be available to the petitioners under the law, so far the regularization of their services is concerned. 9. In this view of the matter, the writ petition is allowed in the following terms. Respondent No.2- Director of Primary Education, Himachal Pradesh shall now re-consider the application of the petitioners as forwarded by respondent No.4 to the District Education Officer, Kangra for grant of the Special JBT Certificate in the light of the observations made hereinabove and take the decision within two weeks form today. 10. So far the prayer for the regularisation of the services of the petitioners is concerned, it is dismissed.