M.R. Agnihotri, J. - (1.) THE Punjab School Education Board (hereinafter referred to as the 'Board') was established under the provisions of the Punjab School Education Board Act, 1969 (In short the 'Act'). The constitution of the Board is provided under Section 4 of the Act, which is in the following terms: 4. Constitution of the Board: - -The Board shall consist of a Chairman, Vice -Chairman and the following members: (a) Ex officio members, namely: (i) Vice -Chancellors of all the Universities established or that may be established by law in the State; (ii) Secretary to Government in the Department of education or an officer of the Department but below the rank of a Deputy Secretary nominated by him; (iii) Director of Public Instructions (Colleges), Punjab; (iv) Director of Public Instructions (Schools), Punjab; (v) Director, State Council of Educational Research and Training, Punjab. (b) Seven members to be nominated by the State Government out of the following categories of persons, namely: (i) One member from amongst the District Education Officers and Circle Education Officers; (ii) two members from amongst the Principals of Colleges affiliated to the Universities established by law in the State; (iii) One member from amongst the lecturers of Colleges affiliated to the Universities established by law in the State; (iv) One member from amongst the Heads of Senior Secondary School affiliated to the Board; (v) One member from amongst the Heads of High Schools affiliated to the Board; (vi) One member from amongst the School lecturers, the teachers who are State or National awardees; (c) One eminent scholar or writer or scientist, as may be nominated by the State Government; and (d) The Legal Remembrancer, Punjab or the Advocate General, Punjab, as may be nominated by the State Government; Provided that the Legal Remembrancer, Punjab if nominated as ex officio member by the State Government, may depute his nominee not below the rank of a Deputy Legal Remembrancer and Deputy Secretary to Government of Punjab to represent him on the Board; and (e) three members of the Punjab Legislative Assembly to be nominated by the Speaker of the Punjab Legislative Assembly. (2) The Chairman and the Vice -Chairman shall be appointed by the State Government upon such terms and conditions as it may think fit. (3) xx xx xx xx (4) The appointment of the Chairman and Vice -Chairman and the nomination of every member shall be notified by the State Government in the Official Gazette. According to Section 5 of the Act, the term of office of the Chairman has been provided as three years. Section 5 of the Act is reproduced below: 5. Term of office of Chairman, Vice -Chairman and members: - -(1) The term of office of the Chairman or Vice -Chairman shall be three years from date of publication of the notifications in terms of the provisions of Sub -section (4) of Section 4, which in special circumstances may be extended for such further period not exceeding three years at a time: Provided that no person appointed as Chairman or Vice -Chairman shall continue as such beyond the age of sixty* five years.
(2.) ACCORDING to the averments made in the petition, the Petitioner professes himself to be an educationist of long standing of nearly 40 years. During the period, he has worked as Principal of Sikh National College at Banga for two years from April 1965 to July 1967; as Principal of Guru Gobind Singh College, Chandigarh, from July 1967 to December 1975 and thereafter as Principal of Khalse College Amritsar from December 1975 to December 1989. He has also worked as Dean of the College Development Council of Guru Nanak Dev University, Amritsar, from 25th October, to 31st March, 1990. Vide notification issued by the State of Punjab, dated 15th January, 1991, the Petitioner was appointed as Chairman of the Board for a period of three years under Section 4(2) of the Act. Translated copy of the notification has been appended as Annexure P -1/T with the writ petition and the same may be reproduced as under: In exercise of the powers under Sub -section (2) of Section 4 of the Punjab School Education Board Act, 1969, the President of India is pleased to appoint Shri Gurbaksh Singh Shergill as Chairman of the Punjab School Education Board. This appointment shall be for three years from the date of issuance of this notification. 2. The notification regarding terms and conditions of this appointment would be separately issued. It may be noticed here that the appointment of the Petitioner was made during the President's Rule. The elected Government came into office after the elections were held in February, 1992.
(3.) VIDE notification dated 12th August, 1992 of the State Government (Copy Annexure P -4), the Petitioner's services as Chairman of the Board were dispensed with immediate effect and Shri Rajesh Chhabra, Secretary to Government, Punjab, Education Department, was appointed as a Chairman in addition to his own duties. However, with effect from 14th August, 1992, Shri Harnarinder Singh, Respondent No. 4, was appointed as the new Chairman of the Board. The notification, Annexure P -4 dispensing with the services of the Petitioner has been impugned by him in the present writ petition. The notification, dated 12th August, 1992, (Annexure P -4) may be reproduced hereinunder: No. 24/6/92 -3 Education 4. The Governor of Punjab is pleased to dispense with the services of Shri G.S. Shergill as Chairman of Punjab School Education Board with immediate effect. 2. The Governor of Punjab is further pleased to appoint Shri Rajesh Chhabra, Secretary to Government, Punjab, Education Department as Chairman of Punjab School Education Board with immediate effect in addition to his present duties. 3. Shri G.S. Shergill will be paid the salary and allowances in lumpsum for his unexpired term of appointment. The Petitioner's counsel raised the following points to assail the Impugned notification: (i) The post of Chairman of the Board is a tenure post under the Act and the tenure cannot be cut short except for justifiable reasons and that too after complying with the principle of natural justice and affording opportunity to the incumbent to explain as to why the tenure should not be cut short. (ii) The impugned notification has been issued arbitrarily and due to mala fides of Respondent No. 2, Shri Harnam Dass Johar, the then Education Minister Punjabi. (iii) The impugned order/notification does not disclose any grounds or reasons for dispensing with the services of the Petitioner.;