Administrative Instructions Cannot Supplant Statutory Rules : Punjab and Haryana HC Upholds Guest Teacher's Eligibility for Head Teacher Post

07 May 2024 8:19 AM

By: Admin

In a significant judgement, the High Court of Punjab and Haryana, presided over by Justice Aman Chaudhary, has allowed the petition of Jyoti Bala, challenging her disqualification for the post of Head Teacher on the basis of her experience as a Guest Teacher in Haryana. The Court emphasized the principles of equality and non-discrimination enshrined in Articles 14 and 16 of the Constitution, stating, "Appointments to public posts should be strictly in accordance with Articles 14 and 16 of the Constitution of India."

The Court scrutinized the eligibility criteria for government posts, particularly the appointment of government teachers, and the recognition of ad hoc or guest teaching experience. The primary issue was whether teaching experience from outside the State of Punjab and as a guest teacher could be considered valid for the appointment as Head Teacher under the Punjab State Elementary Education (Teaching Cadre) Group C Service Rules, 2018.

Jyoti Bala's appointment was rejected due to her experience as a Guest Teacher in Haryana, which was not recognized by the State of Punjab. The State, relying on administrative decisions, argued that only regular teaching experience in Punjab Government schools should be considered. Bala, supported by her counsel Mr. B.S. Bajwa, contended that such a restrictive interpretation was not in line with the 2018 Rules or constitutional principles.

Court's Assessment and Quotes:

Justice Chaudhary's detailed assessment concluded that administrative decisions cannot override statutory rules. The Court noted, "administrative instructions cannot supplant the statutory rules." The judgement extensively referred to previous judgements and emphasized, "The term ‘Guest faculty’ is a misnomer, as an employee working in a stopgap arrangement, be it as part-time, contractual, guest etc, are all in effect ‘ad hoc’." The Court found that denying Bala's candidacy was arbitrary and violative of her constitutional rights.

Decision: The Court directed the respondents to appoint Jyoti Bala as Head Teacher based on her merit, subject to her position in the selection process. She was entitled to notional seniority and pay fixation but not actual monetary benefits.

Date of Decision: 12.03.2024.

Jyoti Bala vs State of Punjab and others,