Hon'ble Judges/Coram:
Swatanter Kumar and Surya Kant

JUDGMENT

Surya Kant, J.

1. This joint writ petition has been filed by three petitioners seeking a writ in the nature of certiorari for quashing the orders dated April 2, 2004 (Annexures P-5, P-6 and P-7) whereby their services, no longer required by Giani Zail Singh College of Engineering and Technology, Bhatinda (hereinafter referred to as the College), they have been repatriated and were relieved from duty with immediate effect to join their parent department(s). According to the petitioners, their deputation could not have been cancelled before the expiry of the term expressly stipulated in the orders dated 1.10.2003, 1.8.2002 and 6.11.2003, Annexures P-1, P-3 and P-4 respectively vide which they were sent on deputation to the aforementioned college. They have also questioned the competence of the Principal of the College (respondent No. 3) who, according to the petitioners, was incompetent to pass the impugned orders. The Giani Zail Singh College of Engineering & Technology, Punjab is run by a society registered under the Societies Registration Act, 1860. The Minister, Technical Education, Punjab is the ex officio Chairman of the Board of Governors, the other members whereof are also either the Government functionaries and/or nominees of the State Government. It is, however, not disputed that the Society has framed its own bye-laws to govern the affairs of the College. According to the respondents, the college was initially established by the Govt. of Punjab but with effect from 1st March, 1992, its control and management was transferred to the Society. The College does not receive any kind of grant from the State of Punjab and is being run by its Board of Governors with the resources generated by the College at its own level.

2. Petitioner No. 1 is a Lecturer in Electrical Engineering in Technical Education Department, Punjab. Similarly, petitioner No. 2 was appointed as Technical Assistant in Shahid Bhagat Singh College of Engineering and Technology at Ferozepur which is established by the Govt. of Punjab. Likewise, petitioner No. 3 was working as a Lecturer (Senior Scale) in Guru Nanak College at Budhladha (a private institute) at the relevant time. Three separate orders were passed in purported compliance with the directions issued by the Minister, Technical Education, Punjab-cum-Chairman of the Board of Governors of the College. Vide first order dated October 1, 2003 (Annexure P- 1), petitioner No. 1 was sent on deputation to the college "for a period of 3 years" and vide order dated August 1, 2002 (Annexure P-3), petitioner No. 2 was sent on deputation to the College with a stipulation that "the duration of the deputation will be initially for three years". Vide order dated November 6, 2003 (Annexure P-4), petitioner No. 3, who was a lecturer (Senior Scale), was appointed as Deputy Registrar on deputation in the College "for a period of 2 years".

3. While the petitioners were working in the College on their above mentioned respective posts, they were served with similar worded orders dated April 2, 2004 (Annexures P-5, P-6 and P-7) whereby their deputation was terminated and they were repatriated to their respective parent departments. For ready reference, we may reproduce the contents of one of the such orders, which reads as follows:-

"Your service are no longer required in this college. Therefore you are hereby relieved from duties with immediate effect to join your parent department. Charge be handed over to the HOD/Coordinator. This has the approval of the higher authorities."

4. It appears that aggrieved at the orders Annexures P-5 to P-7, the petitioners made a representation to the Minister, Technical Education-cum- Chairman of the Board of Governors, who in turn got issued an order dated April 12, 2004 (Annexure P-11), para 2 whereof reads as under:-

"The matter has been considered and it has been decided that the following staff, who are on the deputation with the college, and whose deputation has been cancelled by you are hereby allowed to continue on deputation with the college........