VENUS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner had applied for the post of Vocational Mistress (Taxation Practices) in response to an advertisement dated 23.9.2009, Annexure P1, issued by the Punjab School Education Department (Secondary Education). A total of 78 posts of Vocational Masters/Mistresses (Taxation Practices) had been advertised, out of which 39 were to be filled up from the General Category. The petitioner belongs to the General Category and in pursuance to the selection process and merit position determined, her name figures at Serial No. 1 in the waiting list. It has been asserted on behalf of the petitioner that against 39 posts pertaining to the General Category, only 19 candidates have joined and even in pursuance to a public notice dated 24.12.2011, Annexure P-3, calling upon selected candidates to join on the post, 20 posts of Vocational Masters/Mistresses (Taxation Practices) are still vacant. As such, prayer in the petition is for issuance of directions to the respondent-Authorities to issue appointment letter to the petitioner on the post in question w.e.f. 14.1.2012 i.e. the extended last date given for joining to the selected candidates in the merit list along with all consequential benefits.

(2.) Upon notice of motion having been issued, reply on behalf of respondents 1 and 2 has been filed wherein the broad facts have not been disputed. It has been stated that yet another public notice dated 9.1.2013 had been issued in the leading newspapers to provide one more opportunity to the selected candidates to join on the post. On such basis, the State Government has ostensibly justified its action in not offering appointment to the petitioner who is otherwise, admittedly, at Serial No. 1 in the waiting list.

(3.) During the course of hearing on 27.8.2013, this Court had directed for the filing of an additional affidavit of the Director, Education Department (Secondary Education) Punjab justifying such course of action whereby in spite of repeated opportunities having been given to the selected candidates and who were issued appointment letters as far back in the year 2011 and who have chosen not to join and, on the other hand, a candidate at Serial No. 1 in the waiting list i.e. the petitioner who is willing to join on the post, is being denied consideration for appointment.