JASPREET KAUR Vs. STATE OF PUNJAB & ANOTHER

JUDGEMENT

(1.) The State Govt., Department of School Education issued an advertisement dated 23.9.2009 inviting applications for recruitment to various posts of school teachers on contractual basis. In terms of such advertisement 1200 posts of Punjabi Masters/Mistresses were also advertised. It is asserted that the petitioner, who was otherwise eligible in terms of the advertisement and belongs to the B.C category had applied in the General category as also B.C category.

(2.) Learned counsel for the petitioner would refer to the provisional merit list pertaining to the B.C category at Annexure P-8 to assert that the name of the petitioner figured at Sr. No. 100. In the combined merit list for all the categories for the post of Punjabi Master/Mistress the name of the petitioner figured at Sr. No. 1371 having secured 61.9166% marks.

(3.) The grievance of the petitioner is that in so far as her claim under the B.C category is concerned the B.C Category Certificate that had been relied upon by the petitioner and submitted first in point of time was dated 12.10.2009, whereas in terms of the advertisement the stipulation was that such B.C Certificate was to be issued within one year from the last date of submission of application form. Even though, the petitioner at the time of counselling i.e on 5.1.2010 had produced another certificate which was within the stipulated time frame as mentioned in clause 6 of the general conditions under the advertisement, still her claim under the reserved B.C category has not been considered. Counsel would contend that in so far as the General category is concerned, information was sought under the provisions of R.T.I Act and in pursuance thereto till date 225 posts of Punjabi Masters/Mistresses are still lying vacant. Accordingly, counsel would contend that the action of the respondent-authorities in not considering the claim of the petitioner for the post of Punjabi Mistress against the B.C category as also the General category is arbitrary and totally unjustified.