- (1.) It would be necessary to advert to the facts of the case giving rise to the present Letters Patent Appeal.
(2.) The writ petitioner (now appellant) is the Managing Committee of R.R.M.K. Arya Mahila Mahavidyala, Pathanak which is an affiliated College with the Guru Nanak Dev University respondent No. 4. The petitioner-College was required by the University to introduce the subject of Punjabi upto the level of graduation and as such a post of Lecturer in Punjabi was created in the College. Mrs. Harjit Kaur Sandhu, respondent No. 5 was appointed as a Lecturer on temporary basis against this post. She, however, did not possess the minimum requisite qualifications for the said post. The petitioner-college later on passed a resolution on March 28, 1975 (Annexure P-1) to the effect that the subject of Panjabi should be abolished as recommended by the Principal since the number of students did not justify the retention of the subject. This request was however, turned down by the Syndicate of the University vide its resolution dated June 28, 1975 (Annexure P.2). In the meantime on the expiry of the academic session 1974-75, the College terminated the service of Mrs. Harjit Kaur Sandhu, respondent No. 5. The petitioner-College advertised the post of Lecturer in Punjabi on September 14, 1975. Mrs. Paramjit Kaur Arora, respondent No. 3 applied for the said post and she was duly selected after interview. She was initially appointed for a limited period from October 16, 1975 to March 31, 1976. Later, however, vide letter dated January 23, 1976 her appointment was converted into that on probation for one year with effect from her initial date of appointment i.e. October 16, 1975. This probation period was further extended for one year by the petitioner-College vide its letter dated September 24, 1976 on the ground that her appointment had not been approved by the University so far. Vide letter dated December 13, 1976, respondent No. 3 Mrs. Paramjit Kaur Arora, was served with one month's notice by the College stating that her services were no longer required. It was mentioned therein that the College had been instructed by the University to reinstate Mrs. Harjit Kaur Sandhu, respondent No. 5 as Lecturer in Punjabi and the College had decided to reinstate her with effect from January 16, 1977.
(3.) Since according to respondent No. 3 Mrs. Paramjit Kaur Arora, her services had not been terminated on account of her work or conduct being not satisfactory but on the ground that respondent No. 4 had directed the petitioner to take back Mrs. Harjit Kaur Sandhu in service, respondent No. 3. Mrs. Paramjit Kaur Arora treating this order as her removal from service made a representation to the Director Public Instructions (Colleges) under sub-section (3) of Section 4 of the Punjab Affiliated Colleges (Security of Service of Teachers) Act, 1974 (hereinafter called the Act). The Director Public Instructions (Colleges) accepted her representation vide his order dated March 8, 1977 and held that Mrs. Paramjit Kaur Arora having been selected for the post of Lecturer in Punjabi and having been appointed on probation had a right to continue and be considered for confirmation after the composition of the probationary period. The order of termination of her services was held violative of the provisions of Section 4 of the Act. The Director Public Instructions also observed that the termination order has been passed on some extraneous influence and not on merits of the case. The Director Public Instructions refused to accord approval to the proposed removal of Mrs. Paramjit Kaur Arora. She was to be treated in continuous service despite order dated December 13, 1976 passed by the College authorities. The College authorities filed an appeal against the order of the Director Public Instructions before the District Judge, Gurdaspur but the same was dismissed as withdrawn. Mrs. Paramjit Kaur Arora was taken back in services in pursuance of the order of the Director Public Instructions before the District Judge, Gurdaspur but the same was dismissed as withdrawn. Mrs. Paramjit Kaur Arora was taken back in services in pursuance of the order of the Director Public Instructions dated March 8, 1977.;