PARVEEN LATA SHARMA Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-1980-9-79
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 09,1980

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) In C. W. P. No. 3942 of 1979, the appointment of the petitioner was challenged in this Court. The said appointment was upheld by this Court In the return filed in the case, the District Education Officer averred that the petitioner, who was a respondent in that case, was duly qualified and had been rightly appointed against that post. The writ petition was accordingly dismissed and the appointment of the petitioner was upheld The petitioner has now challenged the impugned order dated 11-4-1980 Copy of which is Annexure P-5, with the writ petition, by which her services have been terminated on the ground that the certificate issued by the Pracheen Kala Kendra, Chandigarh, has been de-recognised by the Government. In the return filed on behalf of the respondent D.E.O. it has been averred that the D.E.O. when he filed the return in the earlier writ petition, was not fully informed that the diploma issued by the Pracheen Kala Kendra, Chandigarh had been de-recognised and, therefore, the earlier averment had been made We have pointedly asked the Assistant Advocate General, Punjab to show us the decision of the Punjab University de-recognising the said diploma retrospectively. It is not said that the decision had been taken by the Senate to de-recognise the diplomas issued before 30-10-1976. The petitioner obtained the diploma in the year 1969. It has further been brought to our notice that the D.E.O. issued a circular earlier so as to show that the de-recognition of the diploma issued by the Pracheen Kala Kendra, Chandigarh, was not retrospective. No decision has been shown to us wherein the said diplomas have been de-recognised retrospectively. Since the petitioner has obtained the diploma in 1969, by no stretch of imagination it can be held that the petitioner was not qualified for appointment to the said post.
(2.) For the reasons recorded above, the impugned order is hereby quashed and the writ petition is allowed with costs Counsel fee Rs. 100. Petition allowed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.