JASVIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of two Civil Writ Petitions No. 18406 of 1997 and 518 of 1999 which were ordered to he heard together and in which common questions of law and fact arise. Since the arguments were addressed in Civil Writ Petition No. 18406 of 1997 the facts are being taken from this case.

(2.) By a notice published in the daily 'Tribune' on 12.1.1996 the Chairman, Departmental Selection Committee (Teaching), Punjab invited applications for filling up amongst others 1000 posts of Physical Training Instructors (PTI) in the Punjab Education Department. The educational qualification prescribed for these posts was "Matric with Diploma in Physical Education recognised by Punjab Government". Petitioner No. 1 after passing the matriculation examination joined the Certificate Course in Physical Education conducted by the Director of Sports and Youth Services, Maharashtra, Pune and passed the said examination in the year 1983 from Amravaii centre. Similarly, petitioner No. 2 after passing her 10 + 2 examination did her Certificate Course in Physical Education from the Maharashtra Slate and passed the examination in this course in the year 1981 from the same Aniravati centre. Both the petitioners applied for the post of a PTI in response to the aforesaid advertisement. They were interviewed by the Selection Committee in November, 1996 and the result of the selection was published in the daily 'Jagbani' Jalandharon 31.3.1997. The petitioners were selected for the posi. The Director of Public Instructions (S), Punjab by his letter dated 4.4.1997 directed all the District Education Officers in Punjab to issue appointment letters to the selected candidates after checking the original certificates in regard to their educational and professional qualifications. It is alleged by the petitioners that they visited the office of respondents No. 3 and 4 for obtaining the appointment letter but the same was not issued to them whereas others who were selected aiong with them had been appointed. The petitioners along with two other candidates, namely, Joginder Singh roll No. 275904 and Gurdarshan Singh roll No. 276933 who also had not been given appointment like the petitioners, served on ihe respondents a notice of demand for justice through their counsel requesting the respondents to issue to them the letters of appointment in view of their selection by the Departmental Selection Committee. After receipt of the notice of demand the respondents issued the appointment letters to the aforesaid Joginder Singh and Gurdarshan Singh but the same were not issued to the petitioners. They then filed Civil Writ Petition No. 10897 of 1997 in this Court which was disposed of on 31.7.1997 with a direction to the respondents to examine the claim of the petitioners for appointment as Physical Training Instructors and take appropriate decision on their notice of demand within one month from the date of receipt of a certified copy of the court order. In pursuance to those directions the District Equation Officer, Ferozepur by his order dated 17.10.1997 rejected the claim of petitioner No. 2 for appointment on the ground that the Diploma in Physical Education as possessed by her had been obtained from the State of Maharashtra which course had not been recognised by the State of Punjab and, therefore, she was inetigible for the post. Similarly, the claim of petitionr No. 1 was also rejected for the same reason though it is alleged that in her case no order had been passed by the District Education Officer. It was then that the present petition was filed under Article 226 of the Constitution for quashing the order dated 17.10.1997 and for a direction to the respondents to issue appointment letters to the petitioners in view of their selection by the Departmental Selection Committee.

(3.) In response to the notice of motion the respondents have filed their reply through the District Education Officer, Faridkot. It is averred thai the Certificate in Physical Education as obtained by the petitioners from the Directorate of Sports and Youth Services, Government of Maharashtra, Pune is not recognised by the Punjab Government and, therefore, the petitioners were not eligible for appointment as Physical Training instructors. It is further pleaded that on the recommendation of the Director, State Council of Education, Research and Training (SCERT). Punjab the State Government granted approval for treating the Special C.P.Ed. course conducted by the Government of Maharashtra in the year 1979-80 as equivalent f o the C.P.Ed. course of Punjab State and that the Course in Physical Education conducted by the State of Maharashtra after the year 1979-80 has never been recognised by the State of Punjab. A copy of the letter dated 14.7.1985 addressed by the Punjab Government to the Director, SCERT, Punjab has been produced as Annexure R-2 with the written statement. It is admitted that Sarvshri Joginder Singh and Gurdarshan Singh who were selected along with the petitioners also possess a Certificate in Physical Education from the State of Maharashtra and that they were given appointment letters after obtaining an undertaking from them to the effect that in case their Diploma certificate was not approved by the State Government, their services would be terminated. It is also admitted that some other candidates as well who possessed similar certificates from the State of Maharashtra were appointed as Physical Training Instructors though it is submitted that their cases are being considered by the respondents for removing them from the post. It is also pleaded that the cases of Joginder Singh and Gurdarshan Singh referred to in para No. 10 of the writ petit ion are also being considered for their removal from the post.