YAMINI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court with a grievance that initially in response to an advertisement issued by the respondents for appointment to the post of Lecturer in English, merit list was prepared separate each for male and female cadre. According to that merit list petitioner was assigned 64.6 marks as per the criteria laid down in the advertisement and the petitioner was placed at Sr. No. 7. Thereafter a combined merit list of male and female cadre was issued wherein the petitioner was placed at serial No. 8 and thereafter a fresh merit list was prepared and the marks of the petitioner have been reduced to 56.6 by deleting the experience certificate marks, which were given to the petitioner for her experience. This counsel for the petitioner contends is not sustainable as the petitioner would be entitled to the said benefit as per the provisions contained in the advertisement.

(2.) He contends that the requirement as per the advertisement dated 23.9.2009 (Annexure P-9) was for experience of a particular post which was specific to the non-teaching cadre and this experience was not restricted to the candidates who were teaching but did not possess post graduate qualifications as in the case of the petitioner, he was B.Sc. with B.Ed. and was serving as a Master. He contends that the stand of the respondents is contrary to the judgment passed by this Court in Jagminder Kaur vs. State of Punjab, 1995 6 SLR 417, wherein it was said that the experience gained as a Teacher would not distinguish the nature of experience and would even if working on a lower post would be entitled to the marks of the experience.

(3.) Reliance has also been placed on the judgment of this Court in Baljit Kaur vs. State of Punjab & Others, 2009 8 SLR 283, which again is on an assertion that experience was required to be on a particular post. Support has also been claimed of the judgment passed by this Court in Kulwinder Kaur vs. State of Punjab,2001 1 SCT 963. This judgment follows the judgment passed by this Court in Jagminder Kaur's case wherein it has been held that the "minimum teaching experience" cannot be stretched to an extent that it would start from when the minimum qualification is acquired for teaching. On this basis, it has been asserted that the deduction of 8 marks by the respondents for the experience on the ground that the petitioner had acquired her M.A. degree in the year 2009 and, therefore, had no experience on the date of advertisement after completing the qualification, cannot sustain.