AJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The respondents advertised certain posts of masters/mistresses on 28.12.1994. The petitioner applied for the post of DPE (Teaching). Her claim was for the post reserved for Backward Class candidates. In order to substantiate her claim, she appended along with her application form, a certificate indicating that she belonged to Backward class.

(2.) The result of the selection process was declared on 16.12.1996. The name of the petitioner did not figure in the said result. On enquiries made by the petitioner, she came to be informed that she had been considered under the category of Sportsman (female). The petitioner was aggrieved by the action of the respondents in evaluating her claim under the category of Sportsman (female) as she had never applied under the aforesaid category. To seek consideration from amongst Backward class candidates, she approached this Court by filing CWP No. 8208 of 1999. The aforesaid writ petition was disposed of by this Court by directing the respondents to re-determine the claim of the petitioner. On such re-determination, the petitioner received a communication dated 24.5.2000 from the Chairman of the Departmental Selection Committee, informing her that the error committed by the selecting body in evaluating her claim from the Sportsman (female) category has been corrected and that she has been duly considered from the Backward class category. The aforesaid communication also informed the petitioner that in view of her merit position wherein she had obtained 54.21 marks, she had been placed at Sr. No. 5-A in the merit list pertaining to Backward class candidates. On the basis of the aforesaid correction, the petitioner received an appointment letter dated 13.6.2000 appointing her against the post of DPE at Government High School, Malowal. The petitioner assumed her duties as such on 14.6.2000.

(3.) The grievance raised by the petitioner in the instant writ petition is that her seniority should be determined on the basis of the merit obtained by her in the joint process of selection above all those who are placed lower than her in the merit list. It is also the petitioner's claim that she should be given the benefit of service from the date persons junior to her assumed duties in response to the process of selection in which she had participated.