KAMAL DEV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These 12 petitions, viz. Nos. 10006, 11382, 11639, 10984, 12114, 10447, 12693, 10726, 10768 and 10589 of 1989 and 1168 and 2941 of 1990, are directed against the selection and appointment of 120 Headmasters. The facts as stated in Civil Writ Petition No. 2941 of 1990 may be briefly noticed.

(2.) Public Service Commission, Punjab issued on advertisement inviting applications for 120 posts of headmasters. After conducting a screening test, the Commission issued letters of interview to the successful candidates. For the purpose of conducting interviews. Committees consisting of a member(s) and two experts were constituted. After the candidates had been interviewed by the different Committees, final result was published in the newspaper. Ultimately, the selected candidates were ordered to be appointed by the Director Public Instructions (Schools) vide orders dated Sept. 26, 1989. The selection and the consequential orders of appointment have been challenged by the unsuccessful candidates on different grounds.

(3.) A written statement was filed by the Deputy Director, (Schools Administration). It has been inter alia averred that the selected candidates having been appointed against the vacant posts, the question of quashing the selections does not arise. It has been further averred that the posts of Headmaster/Headmistress in Government High Schools were declared as Class-II posts vide notification dated April 8, 1987, which was published in the Government Gazette on May 1, 1987. It is also the claim of the respondents that the petitioners having participated in the interviews are estopped from challenging the selection made by the Commission. With regard to the averments on merits of the controversy, it has been stated that the Commission has to answer. Originally, the Commission had not filed any reply to the writ petition.