
CHANDIGARH, April 20: A full bench of Punjab and Haryana High Court today reserved its judgment on a petition involving an important lawpoint as to whether legislature can negate the judgment of a High Court or Supreme Court.
The full bench comprising Justice G S Singhvi, Justice Iqbal Singh and Justice Sarojini Saxena reserved its verdict over the petition that challenged the Punjab Special Recruitment of Teachers Act, 1997 that regularised the three years long services of thousands of teachers whose appointments were set aside as 8220;illegal8221; by the High Court.
The petition filed by newly selected teachers contended three basic issues, first that the 8220;impugned act amounts to abuse of legislative powers vested in the state which strike at the basic structure of the Constitution.8221;
The second, the act clearly negates the doctrine of equality enshrined in Article 14 and 16 of the Constitution. The third is that the act seeks to nullify judgment of the High Court and the Supreme Court though such powers do not vest in the state under the Constitution scheme.
Concluding his arguments, Hemant Gupta, Additional A-G of Punjab gave an undertaking to the Court that recently selected teachers would be appointed first and others would be appointed later under the Act subject to the availability of the posts.