ABHISHEK RISHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition challenges the vires of the Punjab Panchayati Raj Primary Teachers (Recruitment & Conditions of Service) Rules, 2006 along with the amendment in the Rules issued vide Notification dated 18th April, 2011 in pursuance of which the advertisement (Annexure P-7) dated 26th April, 2011 has been issued. We have gone through the pleadings made in the writ petition, contents of Punjab Panchayati Raj Primary Teachers (Recruitment & Conditions of Service) Rules, 2006 as amended in 2011 (Annexures P-4 and P-5) (hereinafter referred to as, 'the Rules'). 2. We have also perused the advertisement (Annexure P-7). We are prima facie of the view that the Rules and the advertisement offend the constitutional scheme and principles of equality which have been guarded by the Courts with zeal and in right earnest. 3. Before we notice the salient features of the Rules and advertisement, which according to us cannot stand judicial scrutiny, it will be necessary for us to give brief facts and our reasons as to why the Rules and the advertisement cannot sustain in the eyes of law. This, in our view, will be necessary to justify the order which we propose to pass.

(2.) That 70 percent of the posts be filled up from amongst those candidates who have passed Junior Basic Teachers' Training (JBT) or Elementary Teachers' Training (ETT) course from the State of Punjab.

(3.) The merit of those candidates who have passed Middle and Matriculation examination from the schools situated in the rurals of Punjab will be prepared by awarding five additional marks to them.