CWP-13616 IN THE HIGH COURT OF PUNJAB AND HARYANA (122) Aashutosh (minor) through his Mother and Natural Guardian Union of India and others CORAM: Present: KULDEEP TIWARI CM-8800-CWP Annexure A subject to just exceptions. CWP-13616 1. mother and natural instant writ petition issuance of 3616-2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Aashutosh (minor) through his Mother and Natural Guardian Versus Union of India and others HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Parveen Chauhan, Advocate for the petitioner. Mr. Ashish Chaudhary, Sr. Panel counsel for respondent No.1-Union of India. Mr. Harsh Aggarwal, Advocate for respondents No.2 to 4. **** KULDEEP TIWARI, J.(ORAL) CWP-2026 Application for placing on record necessary document, as Annexure A-1, is allowed, as prayed for, and the same is taken on record, subject to just exceptions. Application stands disposed of 13616-2026 The petitioner, a minor, who is six years of age, through his mother and natural guardian, has knocked the doors of this Court, by filing the instant writ petition, cast under Article 226 of the Constitution of India issuance of mandamus, upon the respondents, to re 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-13616-2026 (O&M) Date of Decision : 22.05.2026 …Petitioner Versus ...Respondents KULDEEP TIWARI Parveen Chauhan, Advocate Mr. Ashish Chaudhary, Sr. Panel counsel Union of India. Mr. Harsh Aggarwal, Advocate Application for placing on record necessary document, as 1, is allowed, as prayed for, and the same is taken on record, disposed of accordingly. , who is six years of age, through his guardian, has knocked the doors of this Court, by filing the , cast under Article 226 of the Constitution of India, for , upon the respondents, to re-consider and grant Application for placing on record necessary document, as 1, is allowed, as prayed for, and the same is taken on record, , who is six years of age, through his guardian, has knocked the doors of this Court, by filing the , for consider and grant MANPREET SINGH 2026.05.26 17:28 I attest to the accuracy and authenticity of this order/judgment CWP-13616 admission to denied, on the ground, that his mother is not a State Government employee rather, she is a guest teacher. 2. petitioner was appointed a Guest Primary Teacher, 19 years ago, i.e. in the year 2007, and is working in GPS Gandbas sanctioned post notification dated 12.03.2019, the State has an object to provide faculty/adhoc/contractual basis Haryana. 3. preference in the school, where he/she is posted is assigned, is of more regular teachers teacher’, has been defined in Section 2 (e) ‘superannuation’ is defined in Section 2 (j) eight years of age. honorarium of guest teachers shall be increased with effect from first day of January, and first day of July every year in the same proportion Dearness Allowance granted by the Government to regular empl to completely neutralize the inflation. is only restricted to minimum pay scale. under :- 3616-2026 (O&M) admission to him in Class-I, in Kendriya Vidya denied, on the ground, that his mother is not a State Government employee rather, she is a guest teacher. Learned counsel for the petitioner submits petitioner was appointed with the Education Department, Guest Primary Teacher, 19 years ago, i.e. in the year 2007, and is GPS Gandbas, as a JBT Guest Teacher, sanctioned post. He also draws the attention of this Court towards the notification dated 12.03.2019, as issued by the State of Haryana, to submit that the State has constituted The Haryana Guest Teachers Service Act, 2019, with an object to provide service of teachers faculty/adhoc/contractual basis, in the Section 5 of the ibid Act, describes the duties preference in the school, where he/she is posted , is of classroom teaching, arising out of a more regular teachers, against the sanctioned strength. has been defined in Section 2 (e) ‘superannuation’ is defined in Section 2 (j) eight years of age. As per Section 4 of the Act, consolidated monthly honorarium of guest teachers shall be increased with effect from first day of and first day of July every year in the same proportion Dearness Allowance granted by the Government to regular empl to completely neutralize the inflation. However, such consolidated honorarium is only restricted to minimum pay scale. 2 I, in Kendriya Vidyalaya, Nuh, which has been denied, on the ground, that his mother is not a State Government employee Learned counsel for the petitioner submits that mother of the the Education Department, Govt. of Haryana, as Guest Primary Teacher, 19 years ago, i.e. in the year 2007, and is currently , as a JBT Guest Teacher, since 19.05.2021, against also draws the attention of this Court towards the as issued by the State of Haryana, to submit that constituted The Haryana Guest Teachers Service Act, 2019, with service of teachers, engaged as guest School Education Department, describes the duties, in the order of preference in the school, where he/she is posted, and one of the duties, which , arising out of a vacancy against one or sanctioned strength. The word ‘guest has been defined in Section 2 (e), and even, the word ‘superannuation’ is defined in Section 2 (j) of the ibid Act, which means fifty r Section 4 of the Act, consolidated monthly honorarium of guest teachers shall be increased with effect from first day of and first day of July every year in the same proportion, as the Dearness Allowance granted by the Government to regular employees, so as However, such consolidated honorarium is only restricted to minimum pay scale. The relevant provision reads as laya, Nuh, which has been denied, on the ground, that his mother is not a State Government employee, that mother of the Govt. of Haryana, as currently against a also draws the attention of this Court towards the as issued by the State of Haryana, to submit that constituted The Haryana Guest Teachers Service Act, 2019, with as guest Department, order of , and one of the duties, which one or The word ‘guest and even, the word , which means fifty r Section 4 of the Act, consolidated monthly honorarium of guest teachers shall be increased with effect from first day of as the oyees, so as However, such consolidated honorarium The relevant provision reads as MANPREET SINGH 2026.05.26 17:28 I attest to the accuracy and authenticity of this order/judgment CWP-13616 4. Government has the guest teachers. Considering the that there is no reason to distinguish the status of the guest teachers t the regular State Govt. employee, for the purpose of seeking admission in the Kendriya Vidyalaya schools regular teacher under Section 2( straightway decline to consider the candidature of the petitioner in the Kendriya Vidyalaya, Nuh 5. respondent No.4, to c accordance with regular government employee. 6. May 22, 2026 Manpreet 3616-2026 (O&M) “4. Consolidated monthly honorarium of guest teachers shall be increased with effect from first day of January and first day of July every year in the same proportion as the Dearness Allowance granted by the Government to regular employees, so as to completely neutralize the inflation. However, such consolidated honorarium the minimum of the pay scale (at the lowest grade, in the regular pay scale), extended to corresponding regular teacher of the Department.” The provisions of the Act (supra), clearly spells out that the Government has framed the provisions to regulate the service conditions of the guest teachers. They can work upto the age of superannuation. Considering their status, as recognized by the that there is no reason to distinguish the status of the guest teachers t the regular State Govt. employee, for the purpose of seeking admission in the Kendriya Vidyalaya schools. They are serving and performing the duties of a regular teacher under the nomenclature of under Section 2(e) of the Act of 2019. Therefore, the respondents cannot straightway decline to consider the candidature of the petitioner in the Kendriya Vidyalaya, Nuh. In view of the above, a positive respondent No.4, to consider the candidature of the petitioner accordance with the policy equating the status of petitioner’s mother to that of regular government employee. Consequently, the instant writ petition is , 2026 Whether speaking/reasoned Whether reportable 3 4. Consolidated monthly honorarium of guest teachers with effect from first day of January and first day of July every year in the same proportion as the Dearness Allowance granted by the Government to regular employees, so as to completely neutralize the inflation. However, such consolidated honorarium shall not exceed the minimum of the pay scale (at the lowest grade, in the regular pay scale), extended to corresponding regular teacher of the Department.” The provisions of the Act (supra), clearly spells out that the s to regulate the service conditions of They can work upto the age of superannuation. ir status, as recognized by the Act of 2019, this Court finds that there is no reason to distinguish the status of the guest teachers to that of the regular State Govt. employee, for the purpose of seeking admission in the They are serving and performing the duties of a a guest teacher, which is defined . Therefore, the respondents cannot straightway decline to consider the candidature of the petitioner, for admission In view of the above, a positive mandamus is passed upon the onsider the candidature of the petitioner afresh, in policy equating the status of petitioner’s mother to that of Consequently, the instant writ petition is disposed of. (KULDEEP TIWARI) JUDGE Whether speaking/reasoned : Yes/No : Yes/No 4. Consolidated monthly honorarium of guest teachers with effect from first day of January and first day of July every year in the same proportion as the Dearness Allowance granted by the Government to regular employees, so as to completely neutralize the inflation. l not exceed the minimum of the pay scale (at the lowest grade, in the regular pay scale), extended to corresponding regular The provisions of the Act (supra), clearly spells out that the s to regulate the service conditions of They can work upto the age of superannuation. this Court finds o that of the regular State Govt. employee, for the purpose of seeking admission in the They are serving and performing the duties of a , which is defined . Therefore, the respondents cannot , for admission is passed upon the , in policy equating the status of petitioner’s mother to that of MANPREET SINGH 2026.05.26 17:28 I attest to the accuracy and authenticity of this order/judgment