STATE OF PUNJAB Vs. SWARAN KAUR

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in these appeals is to the orders passed by a Division Bench of the Punjab and Haryana High Court. One of them relates to the orders passed in the writ petition while other one relates to the order passed in a review application.

(3.) The basic question raised in the writ petition filed by the respondents was whether the authorities were justified in holding that they did not possess the requisite qualification for appointment under the Punjab State Class IV Service Rules, 1963 (in short the 'Rules'). The State of Punjab had taken over Chanan Devi Memorial girl High School, Saleem Tabri, Ludhiana under certain conditions so far as the employment of the members of staff concerned. The Director Public Instructions, Punjab wrote to the District Education Officer, Chandigarh to ensure that all the members of the staff fulfil the requisite qualification for recruitment to the relevant post. Taking exception to the view expressed by the District Education officer that the writ petitioners who are the respondents in these appeals did not possess requisite qualification. Writ petition was filed stating that said view is not sustainable in law. Purportedly acting on a basis of a concession made by learned Additional Advocate General, who was appearing in the writ petition, the writ petition was allowed. The learned Additional Advocate General, Punjab purportedly conceded that the rules were not applicable to the case of the writ petitioner. Subsequently a review petition was filed stating that the concession was uncalled for because the letter of the Director, Public Instructions, Punjab dated 17.11.1995 addressed to the District Education officer, Chandigarh clearly stipulated the terms for continuance in service. The High Court dismissed the review application on the ground that there was no prescription in the said letter which would indicate applicability of the rules.