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This is an archive article published on October 5, 2012

Finally,UT starts process to set up education tribunal

Finally,after drawing flak from the Punjab and Haryana High Court for not setting up an education tribunal despite a Supreme Court judgment,the Chandigarh Administration has “started the process” in this regard.

Finally,after drawing flak from the Punjab and Haryana High Court for not setting up an education tribunal despite a Supreme Court judgment,the Chandigarh Administration has “started the process” in this regard.

This was conveyed to the High Court by advocate Sanjay Kaushal,senior standing counsel for the Chandigarh Administration.

The tribunal,as per the Supreme Court’s judgment,will decide on all disputes pertaining to appointment/removal of teaching staff and other administrative decisions.

Earlier,a communication from the office of the Director Public Instructions (DPI),Chandigarh,was communicated to the High Court which read that the administration was “considering” setting up of the tribunal.

The senior standing counsel told Justice Rajesh Bindal that “modalities are being worked out” and that the file concerned was with the Legal Remembrancer.

The statement was made during the resumed hearing of a petition filed by the managing committee,S D High School,Sector 24. Advocate Puneet Gupta,counsel for the petitioner,had challenged an order passed by the DPI wherein he had set aside the removal orders of a head mistress of the school. The High Court had later stayed the said orders by the DPI.

Advocate Gupta had contended that the administration had not set up an education tribunal,as directed by the apex court,while the Punjab government had established such a tribunal. Taking note,Justice Bindal had,on a previous hearing,slammed the administration for its lackadaisical attitude.

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The Supreme Court had held that “in the matter of day-to-day management,like appointment of staff,teaching and non-teaching and administrative control over them,the management should have the freedom and there should not be any external controlling agency… For redressing the grievances of such employees who are subjected to punishment or termination from service,a mechanism will have to be evolved and,in our opinion,appropriate tribunals could be constituted,and till then,such tribunal could be presided over by a judicial officer of the rank of District Judge”.

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