KRISHNA KUMARI AND ORS. Vs. STATE OF HARYANA AND ORS.
LAWS(P&H)-2014-5-699
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 05,2014

Krishna Kumari And Ors. Appellant
VERSUS
State Of Haryana And Ors. Respondents

JUDGEMENT

Augustine George Masih, J. - (1.) BY this order, I propose to decide CWP No. 1014 of 2013, titled as 'Krishna Kumar & others v. State of Haryana & others', CWP No. 1617 of 2013, titled as Suni Kumari & others v. State of Haryana & others' and CWP No. 7618 of 2013, titled as 'Jyoti Nagpal v. State of Haryana & others'. With the consent of counsel for the parties, facts are being taken from CWP No. 1014 of 2013, titled as 'Krishna Kumar & others v. State of Haryana & others' Petitioners have approached this Court praying for issuance of a writ of mandamus directing the District Elementary Education Officer, Hisar -respondent No. 3 to sign the experience certificates of the petitioners with a further direction to the Director Elementary Education, Haryana -respondent No. 2 to countersign the same issued by the schools where the petitioners are working, making them eligible for the grant of exemption from passing the Haryana Teachers Eligibility Test as per the advertisement dated 08.11.2012 in pursuance whereof the petitioners applied for the posts of Primary Teachers.
(2.) IT is the contention of counsel for the petitioners that the petitioners are working in the schools which have been granted temporary recognition. He states that as per the letter of the Director Elementary Education, Haryana, dated 14.09.2005 the schools were permitted to start classes. The said process is on and there is no derecognition of the schools and, therefore, the petitioners having worked in the duly recognized schools although on temporary basis would entitle them to the certificates being issued to be signed by the District Elementary Education Officer, Hisar and countersigned by the Director Elementary Education, Haryana. Counsel for the respondents, on the other hand, contends that although the only formal permission to establish a new school and start classes was granted to the schools as per Section 31 of the Haryana School Education Rules, 2003 but after the issuance of the letter dated 14.09.2005, the schools in which the petitioners are working never applied for grant of recognition. Since no permanent recognition was sought for or granted by the Department and merely because the permission was granted to enable the schools to start classes did not mean granting the temporary or permanent recognition. He, accordingly, contends that the experience certificates issued to the petitioners cannot be verified and signed by the District Elementary Education Officer, Hisar -respondent No. 3 and countersigned by the Director Elementary Education, Haryana -respondent No. 2.
(3.) HAVING considered respective submissions made by the counsel for the parties, I am of the considered view that merely because the permission has been granted to start a school would not amount to recognition of a school as there is elaborate procedure laid down under the Haryana School Education Rules, 2003. The schools in which the petitioners are serving after having been issued the letter dated 14.09.2005 had not applied for grant of recognition. No replication has been filed by the petitioners which would indicate that such an application has been filed by the schools. In view of the above facts, the prayer as made in these writ petitions cannot be granted. The writ petitions, therefore, stand dismissed.;


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