Adarsh Vidya Mandir Senior Secondary School vs The State of Punjab and Others

Ranjit Singh, J.—The petitioner-school has filed this writ petition for quashing the impugned order dated 11/12.08.2009 (Annexure P-2) and the order dated 21.10.2008 (Annexure P-1), whereby the affiliation of Matriculation and 10+1 & 10+2 classes (Arts, Science, Commerce) allotted to the petitioner-school has been cancelled/withdrawn w.e.f. 1.4.2009 and 1.4.2008 respectively. The affiliation after the matric was allotted to the petitioner-school in the year 1987 and the school was upgraded to +2 level w.e.f. the academic session 2004-2005. Some of the teachers of the petitioner-school submitted a complaint to the office of respondent-Board that petitioner-school is not paying them the salary as per the Affiliation Rules. The teachers also filed a complaint in the office of the Sub-Divisional Magistrate (for short ''the S.D.M.''), Batala, in this regard. Thereafter, the S.D.M., Batala, directed the District Education Officer (for short ''the D.E.O.''), Gurdaspur, to conduct an inquiry. The D.E.O. had submitted his report after conducting the inquiry, wherein he stated that the schools including the petitioner-school, were not paying salaries as per the Government Rules and Regulations, but no action was taken as the S.D.M/D.E.O. has no power to take any action against the schools in this regard.

The affected teachers had filed C.W.P. No. 8212 of 2008 titled as ''Gurmeet Singh and Ors. v. State of Punjab and Ors. The petitioner-school was arrayed as respondent No. 5 in the said writ petition. The said writ petition is pending for adjudication before this Court and has been admitted. During the pendency of the said writ petition, the affiliation/allotment has been cancelled, which is impugned through this writ petition. By way of an interim order passed in the said writ petition, the Board has been directed to ensure that all the teachers working in the schools including the petitioner-school be paid salaries through Account Payee Cheques only. It is claimed that the petitioner-school, thereafter, started making payment of the salaries to the teachers through Account Payee Cheques as per the direction of the Court. Reference is made to Contempt Petition, where this undertaking in the form of affidavit has already been furnished. Thereafter, the petitioner-school has made various representations before the respondent-Board, but no action has been taken to change the order withdrawing the affiliation. Accordingly, the present writ petition has been filed.

In the reply filed on behalf of the Board, the problem being faced by the teachers pertaining to such institutions has been highlighted. The background given in this regard is a question, which was raised in the Rajya Sabha in the year 2007. The issue was for ensuring the payment of salaries by private management through Account Payee cheques, which was one of the essential condition for affiliation. It is, accordingly, stated that to ensure this part of the requirement, the instructions were issued in this regard and violation of these has to lead to withdrawal of the affiliation. Reference is also made to the direction issued by this Court and the fact that the Board has already sought affidavits from the affiliated schools to confirm that the salaries have been paid to the teachers by Account Payee Cheques. In the event of schools failing to file such an affidavit, the action has been processed against the schools in accordance with the powers with the Board. It is also disclosed that 187 schools have not furnished this affidavit and their affiliation have been withdrawn.

Learned Counsel for the petitioner points out to the affidavit, which has been filed on behalf of the petitioner-school before the Court in the Contempt Petition. Counsel also states that the petitioner-school is paying salaries through the Account Payee Cheques. Counsel further undertakes to appear before the Chairman of the Punjab School Education Board to file such an affidavit and for furnishing an undertaking to the effect that the school would disburse the salaries through Account Payee Cheques only.

Let the Manager of the petitioner-School appear before the Chairman of the Punjab School Education Board either today i.e. 26.8.2010 or on 27.8.2010 to furnish the requisite affidavit. If he does so, the Chairman of the Board would issue necessary direction to pass an order withdrawing the order through which the affiliation is cancelled, so as to enable the petitioner-school to conduct the examination of 10th and 10+2 classes. Necessary formalities required for conducting such examinations, if any required on the part of the Board, also be completed.

The writ petition is, accordingly, disposed of.