JUDGEMENT
AUGUSTINE GEORGE MASIH, J. -
(1.) PETITIONER was appointed as a Guest Faculty Teacher at
Government Senior Secondary School, Barwala (Panchkula) and she joined
as such on 30.04.2007. Her services were dispensed with on appointment of
a candidate, who was regularly selected on 24.05.2007. From 25.05.2007
onwards, the petitioner was adjusted as a Hindi Guest Teacher at
Government Senior Secondary School Rattewali, District Panchkula as per
the policy of the State. On 02.12.2008, Department of Education,
Government of Haryana issued general guidelines with regard to adjustment
of displaced Guest Faculty Teachers. On 09.01.2009, petitioner was
verbally relieved by the Principal without assigning any reason and without
giving any opportunity of hearing. The ground turned out to be that the
petitioner did not possess the requisite qualification for appointment to the
post of Hindi Teacher.
(2.) PETITIONER thereafter got a letter dated 28.01.2009 issued by the
Kurukshetra University, Kurukshetra, according to which three years Shastri
course stood recognized as equivalent to B.A.(General). On receipt of this
letter, petitioner submitted a representation to the Commissioner and
Director General, School Education, Haryana requesting for adjustment and
to allow her to rejoin the post in the light of the policy instructions dated
02.12.2008 issued by the Department. When nothing was heard, petitioner approached this Court by filing CWP No.6292 of 2009 which was dismissed
by this Court vide order dated 27.04.2009.
Thereafter another policy decision was issued by the
Department of Education which again dealt with displaced Guest Faculty
Teachers and their adjustment at any other place of vacancy. Since, as per
the petitioner, she possessed the qualification for the post of Hindi Teacher
as well as the Sanskrit Teacher and, therefore, was better qualified than
other Guest Faculty Teachers, who were continuing in service without any
interruption, she sought information under the Right to Information Act
which substantiated the contention and assertion of the petitioner with
regard to the large number of less qualified teachers continuing on the post
of Hindi Teacher Guest Faculty without any interruption, whereas the
petitioner has been earlier relieved and thereafter not adjusted as per the
policy of the Government of Haryana. Being aggrieved, petitioner again
approached this Court by filing CWP No.11356 of 2010 which was
dismissed by this Court vide order dated 01.07.2010.
(3.) IN the meanwhile, a Division Bench of this Court allowed the
Guest Faculty Teachers to continue in service upto 31.03.2012 in the
interest of studies of the students in view of large number of vacancies
available in the State of Haryana vide order dated 30.03.2011. On the basis
of the said order, petitioner again submitted a representation to the Director
General, School Education requesting adjustment at any place as per the
policy instructions of the Government of Haryana dated 31.03.2010. No
reply to the representation dated 04.10.2011 submitted by the petitioner was
received.;
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