KULBHUSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ALL known canons governing appointments to State services were thrown to winds and protection of equality before law and equal opportunity for employment to all, enshrined under Articles 14 and 16 of the Constitution of India, was brought down to nadir when the principles of various Government colleges in the State of Punjab issued similar advertisements like the one published on 25.2.2001 in the Tribune and which is reproduced here under : -

(2.) WHAT was the date for submission of applications ? What were the prescribed qualifications ? What were the Government instructions and where were, they available for inspection ? What was the process and criteria for selection ? What was the constitution of the selection committee ? These are the few basic doubts which are bound to arise in every mind who reads the above advertisement.

(3.) IT is conceded before us that the posts of Lecturers are class -II posts and are to be filled in accordance with the Punjab Education Services (College Cadre) Class -II, Rules, 1976, upon recommendations of the Punjab Public Service Commission, hereinafter referred to as the Service Commission, as per the qualifications prescribed by the University Grants Commission, hereinafter referred to as the U.G.C., under the relevant laws. Despite Court's directions, the Government has not been able to make appointments on regular basis, though period of more than eight years has already elapsed. Various excuses have been put forward, like, there was ban on appointments, the Service Commission, not being able to fill up the vacancies and such like other excuses, but the fact remains that the State has been making part time or contractual appointments for all this period on year to year basis. In other words, the public money has been spent, posts filled up, though on contract basis and in the name of the public interest. What public interest was served by the Commission and the State in not making the regular appointments for all this period is a controversy, which we shall proceed to examine shortly.