PARAMJIT KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) After the Petitioner obtained her B.A. degree from Punjabi University, she obtained the degree in B. Ed, from Varanasi Sanskrit Vishwavidyalaya in the year 1994 (session 1993 -94) with English and Social Studies as her subjects. In the year 1995, Respondent No. 4 invited applications for appointment as S.S. Mistresses. The Petitioner was selected for the post of S.S. Mistress in the grade of Rs. 1650 - -2025 by the managing Committee of the Respondent - -School and was put on one year's probation. The School sent the case of the: Petitioner to the District Education Officer for grant of approval and sanction regarding the appointment of the Petitioner. The approval regarding the appointment of the Petitioner was granted by the prescribed authority. It is the case of the Petitioner that on the basis of some anonymous complaint dated 7th February, 2000, to the effect that the Petitioner's degree of B. Ed, has been issued by a fake University and, therefore her appointment was illegal, the Divisional Education Officer, Faridkot, - -vide letter dated 15th March, 2000, asked the concerned District Education Officer to send the copy of the sanction/approval letter regarding the appointment of the Petitioner as also the copies of B.A. and B. Ed, degrees of the Petitioner, copy of the complaint alongwith the letter of the Divisional Educational Education Officer was sent to the Petitioner. It was replied by the Petitioner that the complaint had been made by some persons at the instance of her in -laws as some litigation was pending between her on one side and her husband and his parents on the other side and it was because of this reason that a false complaint had been made against her. She also replied that degree of B. Ed, was perfectly valid degree, which stood 'recognised by the Punjab' Government, - -vide letters dated 19th October, 1989 and 29th September, 1992, which were also appended with the reply.

(2.) Vide the impugned order dated 25th May, 2000, the Director, Education, withdrew the sanction granted to the Petitioner regarding her appointment. This was on the ground that the degree of B. Ed, of the Petitioner was from a fake University and said Varanasi Sanskrit Vishwavidyalaya was not recognised by the University Grants Commission. Resultantly, the grant in aid payable by the State Government against the post on which the Petitioner had been appointed was withdrawn. The order dated 25th May, 2000, has been appended as annexure P -6. The Managing Committee of the School after getting all the documents from the Petitioner to show that the B. Ed, degree was a valid and genuine degree wrote to the Director, Education Department (Schools), on 20th June, 2000, requesting him to cancel the order dated 25th May, 2000, copy annexure P -6. Copy of the letter dated 20th June, 2000, has been appended as annexure P -7 with the writ petition. The Petitioner apprehending that on the basis of the order dated 25th May, 2000, copy annexure P -6 would be relieved by the College authorities, she filed the present writ petition.

(3.) Notice of motion was issued to the Advocate General, Punjab, on 18th July, 2000, and as an interim measure status quo regarding Petitioner's services was ordered.