MANVINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution, the sole grievance of petitioner Manvinder Kaur is, that even though she possessed the qualifications of B.A., Prabhakar and B.Ed. of Panjab University, Chandigarh, yet she is not being considered eligible for the post of Hindi teacher for which post the required qualifications are Matric, Prabhakar and O.T./S.T.C. (Diploma in Oriental Training/School Training Certificate).

(2.) On 16th July, 1974, Departmental Recruitment Committee of the Education Department, Punjab, advertised 500 posts of Hindi teachers (Men and Women). According to the advertisement, the qualification prescribed for the post were Matriculation (Full) with Prabhakar and O.T./S.T.C. or J.B.T. In response to the advertisement, the petitioner applied along with a number of other candidates but no interview was held or selection made. Later on, the newly constituted Punjab Subordinate Services Selection Board invited fresh applications for the said posts and it was provided that persons who had already applied in response to the earlier advertisement of the Departmental Recruitment Committee need not apply again and their old applications were to be considered for interview. However, the petitioner, who had already applied in response to the earlier advertisement, thought it advisable to apply fresh and appeared in the written test on 29th September, 1984, held by the Subordinate Services Selection Board. The petitioner qualified the test and was called for interview on 31st January, 1985. Thereafter, she appeared in the interview and was selected by the Board. On the basis thereof, her name was recommended to the Director, Public Instruction (Schools), Punjab, Chandighar, for giving her the appointment of a Hindi teacher, and she was also informed about this vide communication dated 4th March, 1985. However, when the petitioner approached the Director, Public Instruction (Schools), Punjab, on 10th June, 1985, for obtaining the appointment letter, she was informed that even though her name figured at number one in the merit list, yet the appointment letter could not be issued to her as her qualifications were B.A., Prabhakar and B.Ed., and not Matric, Prabhakar and O.T./S.T.C. or J.B.T. The representations made by the petitioner in this regard were all in vain, though the matter remained in correspondence between the District Education Officer, Faridkot, and the Director, Public Instruction (Schools), Punjab, Chandigarh, for quite some time. The petitioner tried to convince the respondents that O.T. classes had been discontinued in the State of Punjab as back as in 1974 and as thereafter no training in this course was imparted in the State, the requirement that a candidate for Hindi teacher should be possessed of O.T. qualification became redundant; as such, the authorities should not insist upon the possession of a redundant professional training, more so when the petitioner was in possession of higher and better qualifications than those required per advertisement. Still, when nothing was done to redress the grievance of the petitioner, she approached this Court when on 1st February, 1988, by an interim order of the Motion Bench one post of Hindi teacher was ordered to be kept vacant for her.

(3.) In the reply filed by the District Education Officer, Faridkot, on behalf of the respondents, it has been pleaded that O.T. (Oriental Training) was meant for training of oriental language while B.Ed. (Bachelor of Education) training was meant for teaching of other subjects in general. It has, however, been admitted that the qualifications prescribed for the recruitment of fresh Hindi teachers are Matric, Prabhakar and O.T., and that S.T.C. training was not imparted in the State of Punjab.