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Suresh Pal And Others v. State Of Haryana And Others

Suresh Pal And Others
v.
State Of Haryana And Others

(Supreme Court Of India)

Civil Appeal No. 4161 Of 1986 | 07-11-1986


1. Special leave granted

2. The certificate course in Physical Education in Shri Hanuman Vayayam Prasarak Mandal, Amravati, Maharashtra was recognized by the Government of Haryana in 1973 for appointment to the post of Physical Training Instructor in government schools in Haryana. On the basis of this recognition granted by the state of Haryana to the certificate course of physical education in this Institution in Amravati, the petitioners joined the certificate course and were receiving instruction in this institution until January 9. 1985 when the state of Haryana derecognised the certificate course with the result that the certificates obtained by the petitioners at the end of the certificate course became useless for obtaining service as Physical Training Instructors in Haryana. The petitioners, therefore, filed a writ petition in the High Court of Punjab and Haryana for a writ directing the State of Haryana to recognise the certificates obtained by them, because they had joined the course on the basis of the recognition given by the State of Haryana and the recognition was in force at the time when they joined the course. The writ petition was however rejected summarily by the High Court and hence the present appeal by special leave

3. We are of the view that since at the time when the petitioners joined the course, it was recognised by the Government of Haryana and it was on the basis of this recognition that the petitioners joined the course, it would be unjust to tell the petitioners now that though at the time of their joining the course it was recognized, yet they cannot be given the benefit of such recognition and the certificates obtained by them would be futile, because during the pendency of the course it was derecognized by the state government on January 9, 1985. We would, therefore, allow the appeal and direct the State Government to recognize the certificates obtained by the petitioners and others similarly situate as a result of completing the certificate course in Shri Hanuman Vayayam Prasarak Mandal, Amravati for the purpose of appointment as Physical Training Instructor in government schools in Haryana. Of course, if any person has joined the certificate course after January 9, 1985 he would not be entitled to the benefit of this order and any certificate obtained by him from the said Institute would be of no avail. There will be no order as to costs of the appeal.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE P. N. BHAGWATI (CJI)

HON'BLE JUSTICE RANGANATH MISRA

Eq Citation

AIR 1987 SC 2027

(1987) 2 SCC 445

LQ/SC/1986/432

HeadNote

Education and Universities — Professional and Technical Education — Recognition of course/institution — Certificate course in Physical Education in Shri Hanuman Vayayam Prasarak Mandal Amravati Maharashtra recognised by Haryana Govt. in 1973 for appointment to post of Physical Training Instructor in government schools in Haryana — Petitioners joined certificate course on basis of this recognition granted by state of Haryana to certificate course of physical education in this Institution in Amravati — Writ petition filed in High Court of Punjab and Haryana for a writ directing State of Haryana to recognise certificates obtained by petitioners because they had joined course on basis of recognition given by State of Haryana and recognition was in force at time when they joined course — Writ petition however rejected summarily by High Court — Held, since at time when petitioners joined course it was recognised by Government of Haryana and it was on basis of this recognition that petitioners joined course, it would be unjust to tell petitioners now that though at time of their joining course it was recognised yet they cannot be given benefit of such recognition and certificates obtained by them would be futile because during pendency of course it was derecognised by state government on January 9, 1985 — Appeal allowed and State Government directed to recognise certificates obtained by petitioners and others similarly situate as a result of completing certificate course in Shri Hanuman Vayayam Prasarak Mandal Amravati for purpose of appointment as Physical Training Instructor in government schools in Haryana — Constitution of India, Art. 32