Resolve contradictions in educational Acts: High Court

Saurabh Malik

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Chandigarh, March 16

More than three decades after two Acts were enacted to address the concerns of employees in educational institutions across Punjab, the Punjab and Haryana High Court has asked the state government to examine the contradiction regarding the exclusion of certain institutes imparting technical education.

“Let the necessary exercise be done at the highest level so that the system can be more streamlined regarding providing of an alternative remedy to all employees concerned,” the Bench of Acting Chief Justice Gurmeet Singh Sandhawalia and Justice Lapita Banerji asserted.

The contradiction revolves the provisions of the Punjab Privately Managed Recognised Schools Employees (Security of Service) Act of 1979 and the Punjab Affiliated Colleges (Security of Service of Employees) Act of 1974.

The Bench observed both Acts provided an “inter play as such for setting up of an educational tribunal”. It was specifically pointed out that the educational tribunal under the 1974 Act had the jurisdiction to hear all cases of dispute between the “managing committees” and the “employee” as defined in it and the subsequent 1979 Act. But a provision in the 1979 Act imposed a restriction on institutions imparting technical education. The contradiction was brought to the high court’s notice by counsel Vikas Chatrath during the hearing of an appeal filed by Jaspreet Singh Sekhon and other appellants against the State of Punjab and other respondents.

Taking up the matter, the Bench issued notice of motion to the state and other respondents, which was accepted by senior deputy advocate-general Salil Sabhlok. He pointed out that another provision in the 1979 Act provided that the tribunal would indeed have jurisdiction in cases of dispute between the management committees and educational institutes and their employees.

The Bench observed: “We are of the opinion that the purpose of setting up the educational tribunal is to reduce the burden on this court regarding the disputes, which are coming up between the management and the employees. The tribunal is headed by a retired judge of the High Court and, thus, in a position to deal with all the disputes expeditiously.”

The Bench added the intention of the two Acts was apparently clear. But there was contradiction regarding exclusion of certain institutes imparting technical education, which was required to be examined by the state.