(1.) The present judgment shall dispose of 26 writ petitions bearing CWP Nos. 18921, 18619, 19959, 20517, 20232, 20349, 20362, 20413, 20677, 20701, 20717, 20818, 20944, 17449, 21370, 21977, 22352, 22353, 22571, 22694, 22708, 23211, 23219, 23464, 24146 and 24242 of 2021, since common questions of law and facts are involved. However, for dictating orders, facts have been taken from CWP-18921-2021 titled Najar Singh and others Vs. State of Punjab and others.
(2.) Challenge in the present writ petition, filed under Articles 226/227 of the Constitution of India is to the First Amendment made on 7/9/2021 (Annexure P-19) in the Punjab State Elementary Education (Pre-Primary School Teachers) Group "C" Service Rules, 2020. By virtue of the said amendment in Appendix-B against Sr.No.1 under Column No.5, substitution was done of Clause 5 regarding the eligibility criteria prescribed for appointment of Pre-Primary School Teachers wherein experience of 3 years as Education Provider, Education Volunteer, Education Guarantee Scheme Volunteer (EGSV), Alternative or Innovative Education Volunteer (AIEV), Special Training Resource Volunteer (STRV) or Inclusive Educational Volunteer (IEV) of Government run schools of the State of Punjab, was prescribed as one of the essential qualification in Clause 5(iii).
(3.) Resultantly, quashing of the public notice and advertisement dtd. 14/9/2021 (Annexure P-20) whereby fresh advertisement had been issued for filling up 8393 posts of Primary Teachers, is also subject matter of challenge and the decision of the State dtd. 26/8/2021 (Annexure P-18) wherein the earlier advertisement dtd. 23/11/2020 (Annexure P-9) for filling up the said posts had been withdrawn. The candidates who had applied under the earlier recruitment process and deposited the fees, were to be refunded the amount. Resultantly, directions have been sought in the nature of mandamus to finalize the recruitment process in pursuance of the original advertisement dtd. 23/11/2020, as per the unamended Rules of 2020 which had been notified on 03/5/11/2020 (Annexure P-8) for the said posts in the scale of pay plus Pay-Band of Rs.10,300.0034,800 + Rs.3,200.00.
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