BHUPINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Education Department of Government of Punjab issued an advertisement on 2.4.2000 for filling 7230 JBT Teachers posts of district cadre in the said department carrying a grade of Rs. 4550-7220/-. The petitioners in this writ petition have raised a three-fold challenge to this advertisement and the action of respondent No. 4 is filling of the said vacancies in furtherance thereto :-

(2.) Before discussing the merit of this three-fold challenge, reference to basic facts would be necessary. The petitioners are graduates and have also passed B.Ed. examination. They fulfil the eligibility conditions and have a right to apply for the post of JBT teacher in accordance with the Punjab Education Class-III (Primary School Cadre) Service Rules, 1997, hereinafter referred to as the Rules. Government of Punjab constituted Punjab Subordinate Service Selection Board 16.5.1997. In accordance with the notification the purpose for constitution of such Board is to provide appointments to Class-III posts under the State Government. The Chairman and Members of the said Board were appointed in July and November, 1997 and a circular was issued by the Government of Punjab on 12.12.1997 to fill up Class-III posts through the Punjab Subordinate Services Selection Board hereinafter referred to as the Board. On 29.6.2000 new Chairman of the Board was appointed. Whenever and wherever the Government decides to take the posts/appointments of a particular cadre outside the purview of the Board, the Government can and has the power to issue such notification that too well within time. Special reference is been made by the petitioners to the posts of veterinary pharmacists which were taken out from the very purview of the Board vide notification dated 9.9.1999. However, on 2.4.2000 the Department of Education of State of Punjab issued an advertisement for making appointment of 7230 JBT teachers. According to the petitioners those posts have not been yet taken out from the purview of the Board and they challenge the action of the Education Department in issuing the said advertisement intending to directly appoint the JBT teachers without making a reference to the Board and more particularly through Selection Committees which have been constituted in every District under the chairmanship of respondent No. 4. The very constitution of Departmental Selection Committees at District level is motivated, discriminatory and unfair. It would vitiate the entire process of selection and deny fair competition. The petitioners further made a specific reference to the functions of the Board under the notification issued by the State Government. The relevant part of Rule 2 reads as under :-

(3.) Further reference has also been made to the rules and under Appendix 'A' to Rule 1 ibid the post of JBT teacher falls at Item No. 4. The petitioners contended that on the bare reading of the above provisions, the advertisement is contrary to law and the selection to the post can only be made through and upon the recommendation of the Board by the Government. Elucidating the plea of arbitrariness, the petitioners have contended in the writ petition as under :-