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Suresh Pal And Others v. State Of Haryana And Others
Case Summary
Factual and Procedural Background
In 1973, the Government of Haryana recognized the certificate course in Physical Education offered by Shri Hanuman Vayayam Prasarak Mandal, Amravati, Maharashtra, for appointments as Physical Training Instructors in Haryana government schools. Relying on that recognition, the petitioners enrolled in the course. On January 9, 1985, while they were undergoing instruction, Haryana withdrew the recognition, rendering their certificates ineffective for such appointments. [1]
The petitioners sought a writ from the Punjab and Haryana High Court directing the State to recognize their certificates because the course was recognized when they enrolled. The High Court summarily rejected their petition, following which they appealed by special leave. [1] The Supreme Court granted special leave. [2]
Legal Issues Presented
- Whether students who enrolled in the certificate course while it was recognized by Haryana were entitled to have their certificates recognized for appointment as Physical Training Instructors despite the State's withdrawal of recognition during the course. [1][3]
- Whether that protection extended to persons who enrolled after the derecognition date of January 9, 1985. [3]
Arguments of the Parties
Petitioners' Arguments
- The petitioners contended that Haryana should recognize their certificates because they had enrolled in reliance on the State's recognition, which remained effective when they joined the course. [1]
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court emphasized that the course was officially recognized when the petitioners enrolled and that their decision to join was based on that recognition. It considered it unjust to deprive them retrospectively of the recognition's benefit merely because the State withdrew recognition during the course on January 9, 1985. [3]
The Court distinguished students who enrolled before derecognition from those who enrolled afterward. Persons joining after January 9, 1985, could not claim reliance on an existing recognition and therefore were not entitled to the order's benefit. [3]
Holding and Implications
APPEAL ALLOWED. The Court directed Haryana to recognize certificates obtained by the petitioners and other similarly situated persons who completed the course for purposes of appointment as Physical Training Instructors in Haryana government schools. [3]
The relief does not extend to anyone who joined the course after January 9, 1985; certificates obtained by such persons from the institution remain ineffective for that purpose. The Court made no order as to costs. [3] The opinion discusses no broader implications or new precedent beyond this direct relief.
Order
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 Institute 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.
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