MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS reference has been placed before us pursuant to an order passed by one of us (Permod Kohli, J.) referring the matter for consideration by a larger Bench in view of difference of opinion between two Division Bench Judgments. In short, the reference arises out of a question "whether a candidate possessing higher qualification than the one prescribed and advertised for appointment to the posts is eligible for such selection/ appointment".

(2.) BRIEFLY stated the facts leading to the filing of the writ petitions are that the State of Punjab issued advertisement published in newspapers on 21-10-2006 inviting applications for a number of posts, including Physical Training Instructor (PTI). Total 170 posts were notified for selection for General and other Reserved Categories. The following qualifications were prescribed for this post in the Notification:-

(3.) THE petitioners in various writ petitions with qualifications like B.P.Ed., M.P.Ed., C.P.Ed. applied for the posts in question under various categories. THEir candidature was not considered by the respondents. Some of these candidates filed writ petitions in this Court. One of such petition being CWP No. 2868 of 2007 came to be disposed of vide order dated 18-7-2007 with a direction to the respondents to treat the writ petition as representation on behalf of the petitioners and to consider their claim on the basis of their merit coupled with eligibility and pass a well-reasoned speaking order. As a consequence of the aforesaid directions, Director Public Instructions (Secondary Education), Punjab, Chandigarh vide its order dated 13-9-2007 rejected the representation of the petitioners with the following observations :-