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W.P.(C) 6071/2012
RAJESH & ORS Petitioner Represented by: Mr.M.K.Bhardwaj, Advocate.
W.P.fC) 6074/2012 RAJBIR Petitioner Represented by: Mr.M.K.Bhardwaj, Advocate
^' VINITA Petitioner Represented by: Mr.M.K.Bhardwaj, Advocate
HON'BLE MS. JUSTICE VEENA BIRBAL
28.01.2013
ORDER
1. Heard learned counsel for the parties. W.P.(C) 6071/20,12 & connected matters Page[1] of 4 2013:DHC:7092-DB
2. The issue is short.
3. Hithertofore the subject 'Social Studies' taught as a part of the course curriculum of all trades under 'Craftsmen Training Scheme (CTS)' including COEs and Apprenticeship Training Scheme (ATS)' has since been replaced bythe subject 'Employability Skills'. The reason is current realities.
4. Petitioners would not dispute the entitlement of the respondents to do so.
5. As per the Office Memorandum dated April 12, 2012 pertaining to those who would be qualified to teach on the subject "Employability Skills' the undisputed position is that for a regular appointment the person concerned must have minimum Educational Qualification: 'Bachelor of Business AdministrationPetitioners do not dispute that they do not possess the said educational qualification.
6. But, recognizing the fact that regular appointments may take time, the Office Memorandum dated April 12, 2012, enlists vide para 4(4)(ii) as under:- "Subjects can also be taught by existing instructors of Social Studies duly trained in new areas or by guest/contract faculties till regular appointment is * done."
7. It is here that the area of dispute enters.
8. Petitioners would assert a right not to be replaced by contract/guest faculties as long as they were instructors of Social Studies and have received the necessary training as envisaged by para 4(4)(ii) of the office Memorandum for which the petitioners rely upon the expression 'duly trained' in the para in question.
9. We note that in sub para (iii) 'Institutes' which are recognized for purposes of training of instructors in different subjects have been W.P.(C) 6071/2012 &connected matters Page 2of[4] f enumerated as under S.No. Topics in the Syllabus Institutes/Originations
1. Communication Skills States to make their own arrangement by locating suitable institutes.
2. English Proficiency
3. Quality Management Tolls Quality Council of India or any other suitable institute.
4. Entrepreneurship National Institute for Entrepreneurship and Small Businesses Development, Noida A- 23, Sector 62, Institutional Area, Noida-201301, U.P., India or any other suitable Institute.
5. Occupational Safety Regional Labour Institute, Sector-47, Faridabad (Haryana) or any other suitable institute. n
10. It is but obvious that till posts are sanctioned and regular appointments ofinstructors having minimum qualification of a Bachelor in Business Administration are filled up, the respondents wouldbe obliged not to replace the existing gust/contract faculties ofinstructors in Social Studies butsubject to thecondition that they are duly trained.
11. 'Duly trained' would mean those who have obtained training from the W.P.(C) 6071/2012 & connected matters r Institutes mentioned in sub para (iii) of the Office Memorandum.
12. We dispose of the writ petition declaring the law as above and granting declaratory relief to the writ petitioners. We do not enter into the disputed facts for which we note that whereas petitioners asserted having obtained documents certifying that they have obtained the training of instructor from either of the Institutes specified in the Office Memorandum, the respondents would assert to the contrary.
13. Needless to state, this factual controversy simply needs a look by the '""j competent authority into the training certificate as an instructor upon which either writ petitioners would rely.
14. Needless to state the authority concerned would be cognate of the ^name of the five institutes which have been set out in the Office Memorandum dated April 12, 2012, should an issue arise of petitioners being duly trained.
15. No costs. CM No.1398/2012 in WPfC) 6071/2012 CM No.16404/2012 in W?(C) 6074/2012 CM No.16408/2012 in W?(C) 6076/2012 Dismissed as infructuous. 4 > t PRADEEP NANDRAJOG, J. VEENA BIRBAL, J. JANUARY 28, 2013 skb W.P.(C) 6071/2012 &connected matters Page 4of[4]