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Government College, Dharamshala, Himachal Pradesh
Government College, Dharamshala, Himachal Pradesh
Dharamshala (District Kangra)
Himachal Pradesh, IndiaPin Code : 176215
Government College, Dharamshala Himachal Pradesh is a recognised institute / college. Government College, Dharamshala Himachal Pradesh is also known as Govt Degree College, Dharmshala. Govt PG College, Govt Post Graduate College. Government College, Dharamshala Himachal Pradesh was established on / in 1926.
Principal of Government College, Dharamshala Himachal Pradesh is Prof RP Chopra.
Government College, Dharamshala Himachal Pradesh is situated in Dharamshala of Himachal Pradesh state (Province) in India. This data has been provided by www.punjabcolleges.com. Dharamshala comes under Kangra Tehsil, Kangra District.
Fax # of Government College, Dharamshala Himachal Pradesh is 01892-225394.
Mobile No(s) of concerned persons at Government College, Dharamshala Himachal Pradesh are 94181-11700, 94180-16655.
email ID(s) is
Website of Government College, Dharamshala Himachal Pradesh is www.gdcfharamshala.ac.in.
Contact Details of Government College, Dharamshala Himachal Pradesh are : Phone: 01892-224894
Earlier Principal: Satish Chander Sharma
Sanjeevani Katoch, Associate Prof, Science Dept
Sanjeev Puri, Associate Prof, Science Dept
Sanjay Sharm, Associate Prof, Science Dept
Yuvraj Pathania, Associate Prof, Science Dept
Dr Dhayan Chand, Associate Prof, Journalism Dept
Boys Hostel Incharge:Dhian Chand
Prof Sunil Mehta (Member Secretary, Society for Professional Vocational and Add-on courses)
CoursesGovernment College, Dharamshala Himachal Pradesh runs course(s) in Arts, Science, Commerce, Business Management, Computer Applications stream(s).
Approval details: Government College is affiliated with Himachal Pradesh University, Shimla (Himachal Pradesh)
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NAAC report of Government College, DharamshalaSection 1: Preface
The Government College, Dharamshala, Himachal Pradesh is a premier institution imparting higher education to the students of the Kangra region with an objective of providing quality education to the majority of students since 1926. The college is recognised by UGC under section 2 Para B of UGC act and receiving development assistance. This institution is offering graduate courses in three major streams viz. Science Arts and Commerce. The college also houses Himachal Pradesh University Post Graduate Centre of the Kangra region. The college on its campus has teaching blocks, science laboratories, computer section, assembly hall, playground for sports activities, hostel for boys as well girls, teachers quarters and principal's residence. The college is managed and monitored by the State Government. The students are admitted to the different courses at graduate level and PG Geology as per the prescribed norms. Being affiliated to the Himachal Pradesh University the college follows the curricular framework as prescribed by the University for different courses.
The College has been offering graduate and post-graduate courses (at university regional center) with the campus area of about 12.25 acres. There are 102 (28 females and 74 males) teachers along with one the Principal. Out of the total strength of teachers, 22 hold Ph.D degree and 42 have M.Phil degree. More than ninety percent of the teachers are working on permanent basis. All teachers possess qualifications as per the norms of the UGC. Students to the institution are admitted as per the guidelines of the University by merit as well as entrance test. Total strength of the students in the college is nearly 4500 for different streams. Almost all students getting admission in the college belong to the State of Himachal Pradesh. Few students join the college from neighbouring States/ Union territories and Tibet.
The College has a Library and a Computer Centre as centralized facilities. The College hostel accommodates nearly seventy-five boys and fifty girls. Apart from that, the College has its own quarters for the staff and a canteen.
The college has been trying to mobilize different financial resources by running courses like BBA on self financing basis. Additionally, the resources are also raised through Alumni association as well donations from Parent Teacher Association. Being a government organization the institution shows an inclination to social service in preference to other considerations.
The college submitted its self-study report and the NAAC constituted a peer team comprising of Sh. R.S.Chaudhary, Vice chancellor Kurukshetra University, Kurukshetra as Chairman, Dr. Prasanna G. Deshmukh, Principal Anant Rao Thopte College, Bhor, Pune and Dr. Devendra K. Dwivedi of Govt. Kamla Raja Girls P.G.Autonomous College, Gwalior, Madhaya Pradesh as Members. The peer team visit was coordinated by Dr. G. Srinivas, Dy Adviser NAAC. The team visited the college during February 11-12, 2003 and looked into the physical and infrastructural facilities, interacted with the Principal, Faculty, Staff, Students, Parents and Alumni. The team verified the documents for further clarifications.
Section 2: Criterion-wise Analysis
Criterion I: Curricular Aspects
The college follows the curricular activities prescribed by the University to which it is affiliated. The theory and practical part of the courses are run as per the university norms. Besides the college runs Honors Courses at graduate level in subjects like Economics, Geography and Hindi, which seems to be desirable in view of expertise available with the teaching faculty in the college. Most of the college, time and efforts are spent in pursuing the theoretical aspects of the prescribed courses (as per requirements of the affiliating University). Since the framework of course curriculum is followed there is need for mobility in the courses or the curriculum other than the prescribed one due to available infrastructural facilities. Also there is need for the development of value education amongst students.
Large number of activities are undertaken to supplement theory classes. Students are made to participate in the debates, declamations, poetic recitations, etc. However, a little more effort on the part of faculty can make students adaptive to market requirements and in the communication skills.
One of the good features of the college is that it organizes social service camps for the upliftment and awareness of the community especially in the area of antinarcotics like tobacco. Invariably the college organizes blood donation camps, awareness camps for the residents of the area etc. The service rendered by the college students to reach out the unreached particularly the village community during NSS and NCC programmes is admirable.
The college offers different subject combinations to the students at the graduate level. The students of science and Arts streams are offered five and 78 different subject combinations respectively. The college offers Master of Science in Geology the only one department in the whole of H.P. . Efforts are being made by the college to equip the students of commerce stream with skills desired in the market. They are provided options like Computer Applications and Tourism and Travel Management. Similarly the students of Arts stream have been recently introduced to take up courses in Functional English. Within the Bachelor programmes limited course options exist with respect to modern subjects especially in the areas of technology and computer sciences. The subjects like Biotechnology, Microbiology, Electronics, Industrial Chemistry and Biochemistry can be easily introduced at the graduate level as self financing subjects. There is a need that maximum number of students are given awareness programmes in Information Technology and Computers.
NSS activities are organized in the college to develop community interaction among students. The college teaching staff encourages students to participate in these activities. The initiative of the teaching faculty to organize these activities deserves appreciation. The students are also encouraged to participate in other competitions held by various organizations. However, in order to have good interaction with the students and to promote healthy competition in the college, there is a need to adopt House System and organize Inter House and Intra House competitions as well in sports and cultural activities. Practices like displaying wall magazines; thematic bulletin boards etc. can help students developing communication skills and involvement in the curricular programmes of the college.
Criterion II: Teaching - Learning and Evaluation
As already mentioned in the Preface Section the students are admitted to various courses on the basis of entrance test as well as academic record. There is an entrance test for the students seeking admission to courses. There is a need to provide remedial coaching to the target group (viz. weak and disadvantaged students other than SC/ST) after they are admitted to the college so that equality of educational opportunities are well taken care of.
The teacher-student ratio is quite high. In most of the departments it is as high as 1:120. Even in science departments, teacher-student ratio is 1:120 thus raising doubt about smooth conduct of practical sessions. In some of the departments there is only one teacher and the student strength is as high as 150. There is a need to have more involvement of the teachers in the teaching learning process so that the students gain more from the expertise of teachers. One good thing is that college authorities are conscious about erosion of standards and teacher-student relationship and feel that strict attendance rules and internal assessment need to be maintained. Efforts in this direction are awaited.
Students' participation in the teaching learning process is encouraged by seminars, tutorials, expeditions, field surveys etc. However, the teachers need to supplement their teaching with the use of audio visual aids and other learning resources to make their teaching interesting. Some Brainstorming sessions at the graduate level will be of great help in involving the students in teaching-learning activities and efforts be made to reduce dropout rate in the courses.
One feature of the college is that it functions for 240 days, out of which 142 days are teaching days. The teaching time is quite less than the required number of days as prescribed by the agencies like UGC. There is a need to maintain required number of teaching days so that the norms fixed by apex agencies are followed. The teachers teach 18 to 24 periods per week that means nearly 12 to 16 hours per week. There is need that teachers start sharing greater workload by involving themselves in the teaching learning process and devoting more time to conduct co-curricular activities.
College follows the prescribed evaluation system of the university. The process of evaluation is only external. However, the students are assessed by regular house tests. One good feature is that the college informs the parents or guardians about the progress of students in various tests held by the college. House tests are conducted purely as a replica of the external testing procedure adopted by the University (to which the College is affiliated). The peer team is of the opinion that there is scope for innovative procedures of evaluation even if the college has to function according to the procedure laid by the affiliating University. Regular internal assessment of the students through class tests and evaluation on the basis of performance during teaching learning process can help a lot in improving the achievement and understanding of students.
The faculty is recruited by the State Public Service Commission.
The teacher evaluation is done by the principal based on the self appraisal report as per the Annual Confidential Report. Good performance of teachers is highlighted in the College Annual Report. There is need to introduce Self-Appraisal system so as to make the teachers accountable to their own-self. Along with this there is need to try UGC suggested methods of students appraising their teachers. Also the good performance of teachers is highlighted in the college magazine to boost their moral.
The teachers are encouraged to participate in the national and international seminars and conferences. Some teachers of the college have participated in the seminars and conferences. The teachers have also been attending refresher courses. But the number of such teachers is quite small. The college functioning is that college has itself organized some seminars and conferences of national level.
The college has been anxious to revise and update the syllabi of various courses. For this it has been pursuing the university to do the needful. This speaks of the aptitude of the college faculty and administration about their concern for academic needs of students.
During interaction with the Peer Team, the faculty members suggest that the no of seats of each class should be limited . FPP needs structuring measures for continued evaluation should be taken.
Criterion III: Research, Consultancy & Extension
There are few research activities being followed in the college. Some of the teachers are pursuing their Ph.D in their subject areas. Owing to various reasons. The research atmosphere in the college has to be enhanced through creation of research promotion cell . Some research work is being done by having collaboration with the Himachal Pradesh University for its Centre of Excellence. There is a great scope for organizing research activities bringing out publications and by organizing seminars/ conferences by undertaking minor research projects (MRP) from the UGC.
Also there is much scope for utilizing consultancy services available in the institution. The potential lying with the faculty can be utilized for providing consultancy services to different agencies. There is a need that college prospectus publicizes the expertise available with the staff in different skills. The department of Fine Arts is providing consultancy in the area of Commercial Arts in the local area and Geology department regarding ground water sesmic impact. The science department have brought some good publications.
The college participates in various extension activities with an officer in charge. Additional charge has been given to various teachers in the college for this purpose. Both teachers and the students participate in the extension activities. The extension work mainly includes community development, health and hygiene awareness, adult literacy, etc. Encouragement is given to the students to participate in the extension activities. A praiseworthy feature about the institution is that the college organizes extension activities with the co-operation of nationalized and co-operative banks, and societies. Different clubs in the college participate in different extension and social work activities.
Criterion IV: Infrastructure and Learning Resources
The college has a good building and sound infrastructural facilities. It has all the infrastructural facilities as per the requirement of the students being admitted to the college. Apart from required teaching rooms and laboratories for the students, the college has a computer lab to provide computer awareness to students. However, the number of computers seems to be quite less against the number of students being admitted in the college.. There is a need to update the computer laboratory in the college with some latest version of computers.
The said infrastructure is maintained through fees collected from the students for the purpose as building fund and the funds provided for the purpose by the government. One good feature of the college is that the infrastructure is maintained with the help of funds generated for the purpose from Societies like Indo-Tibetan Friendship society and donations from Alumni. Every effort is made by the college to maintain the building and other infrastructure through self-service and other missionary functions. Students can also be easily involved in maintenance of infrastructural facilities. Such practices are quite helpful in developing moral values and sense of participation amongst students.
The optimal use of the infrastructure needs to be promoted. The college runs in two phases and it also provide its premises to the IGNOU as well as Himachal Pradesh University Regional Center. There is a need that the college utilizes the existing facilities for the academic development and growth of its own students. The building and the computer laboratory need to be optimally used for providing the effective teaching learning facilities to the students of the college. The college administrative functions like preparing salaries are partially maintaining student record or examination work etc. can be easily maintained through computers. The infrastructure can be best utilized for raising funds and providing community resources.
The college can easily organize beautification campaigns to keep college clean and pollution free NSS takes up such activities. Students under the mission and vision of self-help and self-service can do all this for their personality development. Further by introducing house system, students can be made responsible for keeping the campus and the hostel clean.
The college has a good library. There are sufficient number of books and journals for the education students. It has some classic books, which is a rare phenomenon. Every year college adds to the stock of books. The facilities like reprography, computers, audiovisual center and Internet need to be made available within the college library. The library opens for all the working hours of the college on all working days of the session. The college has centralized facility of computer center with about 11 computers including six PC-486 and seven Pentium-III. It seems that some of these versions of computers have to be update. There is a need to update the old versions to match the requirements of the college administration as well as students. There is a need to computer use in the office and administration the office of the principal. The computers are available to the users for six hours a day only. The center needs to function for more hours of the day to provide required awareness to the students. The college may organize some computer literacy programmes for the students. These courses can be made good use of for generating funds. Further, the faculty can utilize these facilities for the development of self-learning package for promoting desired learning among students. Self-learning packages can be the part of the curriculum transaction. Also there is ample scope for data analysis by the computer centre for providing required feedback to the academic administration, students and their parents.
The college provides basic health services to the students and the faculty. There is one Pharmacist to help in this endeavour. College can utilize the services of private practitioners in the city on contract basis to provide better medical facilities to the students and the faculty.
The college has good sports facilities for various types of sports and games. The college has its own Football, cricket, basketball, volleyball, Hockey, TT hall and facility for weight lifting. The sports persons of the college are provided incentive in the form of college awards and prizes etc. One good feature is that the college has collaboration with Sports Authority of India (SAI) for promoting sports in the region.
The college has Parents Teacher Association (PTA) and Old Student Association (OSA) as major contribution to develop infrastructure and enhance facilities . A Student Activity Center 'Prayas' has been built at the cost of Rs. 80.00 Lac with the funds from PTA
The college has a hostel facility on the campus to accommodate male and female students. The hostels can accommodate only 75 boys and 50 girls respectively. However the availability of accommodation for the students seems to be inadequate keeping in view the number being admitted to the college. The hostel bathrooms need to have geysers and other facilities. The hostels are clean and well maintained. Maintenance of clean hostel rooms is redeeming feature of the institution. PTA block has a guest house with required facilities.
Criterion V: Student Support and Progression
The college is a premier institution of higher education in the area. Large number of students try to get admission in the college. But the dropout rate is quite high.
The college has a Career Guidance cell, which inform students regarding career opportunities.
The college has its alumni association under the name of Old-Students Association. The association has been helping the college to maintain and develop college infrastructure. Since its inception since it brings out sovenior 'Reunion'
The college provides financial help to the students through merit scholarships and other financial aid received from the government. It is good feature of the college. Apart two hundred alumni of the college are occupying high positions in defence and state government.
The teachers of the college provide personal and academic counseling. Since the student- teacher ratio is quite high the teachers in the college are not able to maintain personal contact with the student. Some students do consult teachers for their personal, academic and vocational problems. Student- teachers interaction through tutorial is maintained. College runs remedial coaching classes for the disadvantaged students. The college does not have employment or placement. However a counseling and career guidance bureau has been developed to provide information regarding employment opportunities and self employment schemes. The students brought to the notice to the peer team the need of better laboratory and library to activities and more number of teachers. They wanted improvement in the overall academic ambience of the college. The college has three units NSS with three programme officers and one NCC unit.
Criterion VI: Organization and Management.
The college is managed by the government. The principal is over all in charge of college functioning, who manages the college with the help of his colleagues. Apart from this, there is an external management to control the functioning of the college. An inspection team from the University often visits the college for the maintenance of standards. The intention of the college management system to provide quality education to the students is quite apparent from the fact that college has evolved internal co-coordinating and monitoring mechanism with the help of frequent meetings of various heads of departments, administrative committees and staff council.
The non-teaching staff is recruited by the government through well laid out procedure. Training programme exists for the non-teaching staff. For this purpose the non-teaching staff members are sent to the state run agencies from time to time in order to get training. The performance of the non-teaching staff is also evaluated through the annual Confidential Report. Similarly performance appraisal of the teaching staff is done by the principal of the college on the Annual Confidential Report. The communication between the staff and the Principal is direct.
Various welfare schemes for the students are available in the college. The welfare schemes for the staff include contribution towards the provident fund and gratuity, House Building loan and other such facilities as available to the State Government staff. Special staff welfare schemes as per recent developments in the society need to be added. The formal grievances redressal cell does not exist in the college. However, general grievances of the staff and students are taken care of, through various other administrative structures existing in the college comprising of principal and other senior teachers of the college.
There is good budgeting and auditing procedure in the college. Most of the grant for the staff salaries comes from the government. However, salary for the temporary teaching staff is meted out of the college funds generated on its own.The major resource of the college is the grant received from the State Government. The annual tuition fee is quite low in comparison to the price index. All a student has to bear is nearly Rs. 3000/- including hostel fee. During the interaction with peer team the non- teaching staff gave informed that the strength has not increased over several years, despite the increase of students to 5000. They also expressed disappointment over lack of promotions and scales
Criterion VII: Healthy Practices
The college runs BBA programmes on self-financing basis that does not include salaries of the permanent staff.
The college has a bent to improve its sports programme for students. It has started coordination programme with Guru Nanak Dev University to develop sports skills amongst its students by organizing summer camps. The college has started utilizing the PTA and OSA for developing and maintaining its infrastructural facilities.
In spite of the fact that it is Government College and the whole management is carried out in a fixed and formalized manner, the college has developed democratic internal quality management process by having various committees comprising of staff members to do the needful.
The college has developed community participation programme by involving students in various awareness campaigns.
It is one of the very old colleges of the region and maintains some of the classics in its library.
Section 3: Overall Analysis
The academic and professional climate has been well maintained in developing excellent human behaviour of students for future growth and development. Clarifications were sought during our interaction sessions with the Principal, Staff, Students and the Management. The discussion and external evaluation by the Peer team clearly stipulates that the institution has a good number of dedicated teachers with a vision to retain the old glory of the college. In sum and substance, the college tries to operate on sound educational, professional and participatory management principles. The institution is rendering valuable service in the State of Himachal Pradesh. It is heartening to note that with all its limitations the College has taken a lead by applying for assessment and accreditation by NAAC. Desire to improve upon and reaching out to the unreached in the social service sector is worth emulation by other education institutions of this geographical area.
The institution is working for the quality education and the functioning of the college has been trying to match its objectives.
The college houses rich Geology Museum, The only one of such kind in H.P.
Parents and guardians of the students are regularly informed about the achievements of the students in-house tests.
The track record of the college in extension work and reaching out to the unreached in the social service sector is good.
The help of alumni association is being made good use of in developing and maintaining infrastructural facilities.
Network of societies and clubs evolved as platform for mutul exchange and interaction among the students.
The efforts to bring in public participation through Parents-Teaches Association (PTA) and Old Students Association (OSA) for infrastructural development of the institution are highly commendable .
The following suggestions are made to state Govt. authorities concerned for enabling further development of this old institution.
Much of the infrastructure can be utilized to raise funds for college development such as facilities in the physical education department and computers.
Efforts need to be made academically as well as administratively to contain dropout rate.
The college needs to make out a case for recruiting more teachers in various departments/ disciplines so as to reduce the teacher-student ratio.
The teachers in the college may make use of more latest teaching aids and develop good relationship with the students by involving them in the teaching learning process.
Organizing research activities and having good interaction with the faculty in the university may strengthen the research acumen of teachers.
Research projects and Faculty Development Program (FDP) may be undertaken by teachers in areas that provide an empirical basis for institutional development.
Computer facilities in the college may be optimally utilized for further automating college records.
There is need that the college introduces computer literacy programmes for its students.
Information technology should be made part of the teaching programme.
The process of internal assessment may be introduced by giving weightage to the performance of students in the house tests.
Future projections for the progress of the college-needs to be done in a combined forum of teachers, students and the managing committee.
The alumni association may be further strengthened to help the college academically and financially.
Efforts be made to utilize the competence of the teachers for providing consultancy services to the nearby schools, colleges and society.
The norms established by the university and various apex bodies for desired teaching days need to be seriously followed.
Effort be made to train the students professionally and equip them with latest technological skills.
There is need to identify specific objectives and evolve a vision document and to make efforts to achieve them through compatible curricula.
The college can introduce some certificate courses in communicative English, Computer usage and Music
Many more job-oriented and need based courses-long term & short term may be identified and considered for implementation keeping in mind the latest trends, new technologies and needs of the region.
A formal mechanism for collecting feedback from students on various aspects of their learning experiences and progame options at the institutional level may be instituted.
Faculty strength seems insufficient to cater to the growing student strength. The ratio between teacher and student will go further down when new course/ programmes will be implemented. As such, attempts could be made to invite expert faculty for delivering guest lectures for the faculty and students in the new and upcoming areas.
Efforts are needed to expedite for the sanction of Autonomous status to the institution through which it would get authorization for initiating and implementation new courses/ programmes .
Harvesting various UGC schemes for enriching the infrastructural and academic assets of the institution is strongly needed.
The College may constitute subcommittee for feedback on educational programs for future development and growth.
Internet facility will be the good knowledge source for students if provided. The college can bring out website and e-mail facility.
Research activity be encouraged by taking research projects and publications.
Computer lab setup need to be updated to current configuration and technology
There is need of departmental libraries. More research Journals including basic Journals such as ' Current Science and 'Reasonance' .
The peer team earnestly acknowledges the co-operation and support of The Principal Faculty members students and staff.
The peer team wishes that in future the potential of this old and well known college of H.P. will be transformed into reality.
(Dr. Prasanna Deshmukh)
(Dr. Narendra Awasthi) Principal
Place : Dharamshala
MRS SUDHA AGNIHOTRI Versus THE STATE OF HARYANA and OTHERS Civil Writ Petition 4270 of 1993IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of Decision: February 09, 2011
Mrs.Sudha Agnihotri ...Petitioner
The State of Haryana and others ...Respondents
HON'BLE MR.JUSTICE RANJIT SINGH
1.Whether Reporters of local papers may be allowed to see the
2. To be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?
Mr.C.L.Sharma, Advocate, for the petitioner.
Ms.Shruti Jain, AAG, Haryana, for respondent Nos.1, 2 and 4.
Mr.Deepak Sharma, Advocate, for respondent No.3.
RANJIT SINGH, J.
On 3.4.1993, respondent No.3 issued a show cause notice for termination of services of the petitioner. The petitioner accordingly approached this court through the present writ petition seeking direction for quashing of the said notice and for further direction to the respondents not to terminate the services of the petitioner without following the procedure as given under Section 3 of the Haryana Aided Schools (Security of Service) Act, 1971.
The petitioner claims that she was appointed as a Lecturer in Physics on permanent/regular basis with respondent No.3-Hindu Girls Senior Secondary School, Kalka, District Ambala.
Respondent No.3 is an aided school and is receiving 75% grant from the Government of Haryana. It is stated that the petitioner was the only candidate, who had fulfilled the qualification of the post of Lecturer in Physics and was selected by the selection committee constituted by the Management. The petitioner has placed on record the appointment letter issued to her as Annexure P-3 and this
appointment letter reads as under:-
Subject: APPOINTMENT LETTER:
Sudha Agnihotri Ji,
You are hereby informed that you have been selected for the permanent post of Lecturer in Physics in the interview conducted in Hindu Girls Senior Secondary School, Kalka on 24.5.90. Hence you come to school on 6th July, 1990 and join your duties.
Hindu Girls Senior Sec School,
Prior to her appointment, the petitioner was working as Lecturer in Physics with Government Senior Secondary School, Bagli (Kangra) and had also worked as Lecturer in Physics in Government College, Dharamshala.
The point of dispute between the parties is primarily concerning the nature of appointment given to the petitioner. By making reference to Annexure P-3, the petitioner would aver that her
appointment as a Lecturer in Physics was permanent and regular.
This fact, however, is disputed by the respondents, who would
contend that the appointment was on probation for a period of two years and accordingly the services of the petitioner could be dispensed within the period of two years if these were not found to be of satisfactory nature.
As per the respondents, the petitioner was issued letter,
Annexure P-3, but this was not an appointment letter but only an intimation of selection/appointment. As per the respondents, the appointment letter was issued to the petitioner on 11.8.1990, copy of which is annexed with the reply as Annexure R-3/1. In this appointment letter, it is clearly mentioned that petitioner shall be on probation for a period of two years in accordance with rules and this can be extended for such further period as the competent authority under the rules may determine. Respondents would accordingly contend that the appointment of the petitioner, which she accepted, was on a probation and not permanent or regular basis.
Accordingly, the submission is made that her services could be dispensed with while she was on probation.
The petitioner would join serious issues in this regard and would make reference to the averments made in para 5 of the
petition. It is stated that after about 3-4 months of the petitioner
having joined the service, she was called upon by the Principal and apprised that the auditors have pointed out that the language of the appointment letter issued to her was not as per the proforma prescribed under the Government rules. The Principal accordingly told the petitioner that in order to satisfy the requirement of auditor, as it was an aided post, the school had prepared another appointment letter giving same reference number and date. Since this letter of appointment contained a condition of two years probation, the petitioner claims to have refused to accept the same, it being against the agreed terms and conditions as were settled prior to her appointment. The matter was referred to the President of the Managing Committee of the School Shri Kanti Prakash Bhalla and after discussion, it was decided not to compel the petitioner to accept the new letter of appointment and to keep the same in the office file to satisfy the requirement of audit. Accordingly, the petitioner would say that her appointment was on permanent and regular basis and the subsequent appointment letter was not a valid letter of appointment.
In order to cement the averments made in para 5 of the petition, the counsel for the petitioner would point out that the
appointment letter annexed with the reply is dated 28.5.1990,
whereas concededly it was issued on 11.8.1990. The counsel
accordingly contends that the action taken after three months was due to the reasons as disclosed in para 5 of the petition.
To be fair to the respondents, they have vehemently denied the contents of para 5 of the petition and would say that this is a sheer afterthought and a concoction advanced by the petitioner to support her claim as made in the petition. In response to specific query by the court, counsel for respondent No.3 concedes that the petitioner was issued letter, Annexure P-3.
The explanation offered to say that this was only an intimation of selection or appointment apparently is not justified. The subject of this letter clearly indicates that it is an appointment letter.
The submissions and the averments made by the petitioner to
explain Annexure R-3/1, thus, cannot be brushed-aside lightly.
It would have been a different matter had Annexure P-3 been not issued to the petitioner. No justification is forthcoming as to why the appointment letter, Annexure R-3/1 was issued three months after its preparation, if it had been prepared at the time of the appointment of the petitioner. This appointment letter was bound to be prepared and issued on the date of preparation and not three months thereafter.
The pleas raised on behalf of the petitioner, thus, appear probable and plausible.
Normally, the writ court would have refrained from deciding the disputed questions of fact. There are, however, two reasons for which this well understood principle may need to be ignored in this case. The writ petition was admitted in the year 1993 and is being heard after expiry of period of 18 years. Concededly, the petitioner has continued to remain in service of the school for all these years as while admitting the writ petition, the respondents were restrained from relieving or terminating the services of the petitioner.
Requiring the petitioner now to ease out of service on the ground that she was not successful in completing the probation period would be highly unfair and totally unjustified. For 18 years, the petitioner has continued to work. The requirement of completing the probation period without success cannot now be pressed. It may not be available now.
Even otherwise, it is doubtful whether the appointment of the petitioner made initially was on probation. Prima-facie, appointment was of a permanent and regular nature.
The writ petition is accordingly allowed. The order/notice dated 3.4.1993 is quashed. The parties are left to bear their respective costs.
( RANJIT SINGH )
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