HARDWARI LAL AND ANOTHER Vs. CCS HAU HISAR AND ANOTHER
LAWS(P&H)-2016-3-444
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 31,2016

Hardwari Lal And Another Appellant
VERSUS
Ccs Hau Hisar And Another Respondents

JUDGEMENT

- (1.) Petitioners by way of present writ petition are seeking directions to quash Condition No.(ii) of memo dated 01.04.2011 (Annexure P-4), set aside the orders dated 19.05.2015 (Annexure P-2) and dated 25.05.2015 (Annexure P-3).
(2.) Petitioner No.1 was appointed as Geography teacher in the Campus School, Ch. Charan Singh Haryana Agricultural University (CCSHAU) on 04.08.1988 whereas petitioner No.2 was appointed as Maths & Sciences teacher on 01.08.2011. The campus school is a CBSE affiliated Senior Secondary School set up within the campus of CCSHAU, Hisar. The said school functions from 7.15 AM to 1.05 PM from April to October and from 8.30 PM to 2.20 PM from November to March as per school prospectus (Annexure P-1). The petitioners, vide applications dated 11.05.2015 (Annexure P-2) and dated 22.05.2015 (Annexure P-3) sought permission to enhance their qualification by doing LLB through evening classes. Both the applications were returned to the petitioners on the ground that the permission for doing LLB evening classes cannot be granted as per instructions dated 01.04.2011 (Annexure P-4). At the time of establishment of CCSHAU in the year 1971, the College of Veterinary and Animal Science was part and parcel of the said University. The College of Veterinary & Animal Sciences has been bifurcated from the University sometime in the year 2010-11 and has been named Lala Lajpat Rai University of Veterinary & Animal Science although it was located in the same campus of CCSHAU. One Sher Singh, Deputy Controller of Lala Lajpat Rai University of Veterinary & Animal Sciences has been given permission to appear in the LLM Examination, vide order dated 15.11.2015 (Annexure P-7). The National Research Centre on Equines given permission to its employees to do the LLB course through evening classes, vide order dated 05.07.2014 (Annexure P-8).
(3.) Upon notice, the written statement filed on behalf of respondent Nos.1 and 2 and the stand taken therein that as per instructions contained in order dated 01.04.2011 (Annexure P-4) no faculty members/non-teaching employee can be granted permission for attending evening classes. Prior to 01.04.2011, the faculty members/non-teaching employees of CCSHAU were permitted to improve their qualifications without any restriction regarding attending of evening classes. Dr. S.B. Mittal, Assistant Director was granted permission to join evening classes, vide order dated 30.06.2008 (Annexure P-5). Similarly, Sh. Sher Singh, Assistant Registrar, was granted permission, vide order dated 09.07.2010 (Annexure P-6). Both officers were granted permission prior to 01.04.2011.;


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