K.Kannan, J. - (1.) THE petitioners, who were all Coaches in various Colleges in sports, seek parity in scales with DPEs and to place them in the same scale in which DPEs (Colleges) are placed. THE petitioners would describe themselves as "new Coaches" since amongst the Coaches, the Government Colleges retained a different category as "old Coaches", who had been recruited in the Sports Wing Educational Department in Punjab from 1961. THE petitioners' claim is based on the fact that both as regards the manner of treatment of Lecturers with Coaches for fixation of scales and the treatment of DPEs with the new Coaches, till the year 1978, the scales had been at par and at times even more than the scales applicable for Lecturers or the DPEs respectively. It is only after 1978, a discrimination to the detriment has been practised in placing them in scales lower than both Lecturers and DPEs of Colleges.
(2.) THE petitioners' claim for parity is disputed by the respondents on the ground that the old Coaches were better qualified, having participated in national and international games and when the rules relating to Punjab Educational Service (College Cadre) Class-II Rules had been framed, the President of India redesignated the post of Coaches as Lecturers in Physical Education- cum-Coaches and prescribed as minimum qualifications NIS diploma in the concerned game with at least 65% marks and above; that the candidates must have national achievements in sports or international participation/distinction in concerned game would be given preference. THE attempt was, therefore, to say that the old Coaches were to be treated differently. As regards the parity which the petitioners were claiming with DPEs, the contention is that the service conditions in cadre and qualification were different from DPEs and that further there was no teaching work involved for the Coaches during the day time and there was also no University/Board examination of coaching and no certificates were issued for this purpose by the University/Board. THE parity of old Coaches with Lecturers could offer no example for application to the petitioners as a matter of right, having regard to the fact that only 9 Coaches had been redesignated, who were earlier in the UGC pay scales at par with College Lecturers but the petitioners themselves had no protection through UGC scales at any time. In terms of the educational qualifications for the old Coaches and new Coaches, there exists no difference as it would be seen from the fact that all the petitioners were new Coaches, who were required to have graduation with degree in physical education and diploma in the concerned game, while for old Coaches, it is again graduation with diploma certificate in coaching and 3 years experience. The qualification that had been originally prescribed in the year 1962 for the old Coaches were that they were to be graduates with certificate or diploma in coaching or having been certified as qualified coaches with 3 years experience as Coaches. Physical fitness and adequate knowledge of Hindi/Punjabi were also relevant.
(3.) QUALIFICATION-wise, I do not find any difference. It would also become necessary to tabulate the scales that existed for Lecturers, DPEs, old Coaches in sports and new Coaches in sports and for this purpose, it will be useful to reproduce the particulars as found in Annexure P-2:- Sr.No. Name of the post Basic qualifications at the time of recruitment Scale of pay Prior After After to 1968 1968 1978 Present scale 1. Lecturer M.A. in concerned subject 200-500 300-600 700-1600 (UGC) 2200-4000 (with a selection grade of 3700-5700) 2. DPE's of Colleges B.A. N.I.S. 110-250 200-500 700-1200 (UGC) 2200-4000 3. ...... ... ... ... 4. ..... ... ... ...;