SHAMINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner applied for the post of Punjabi Mistress in the reserved category of Dependent of Ex-serviceman. Since the applications were invited 'on-line', the Certificate in support of the claim for reservation was not to be appended though it was required to be mentioned in the application form. The petitioner did mention that she belongs to the above mentioned reserved category. The petitioner also got issued a Certificate from the Deputy Director, District Sainik Welfare Board, Gurdaspur on 06.10.2009 (Annexure P-2) that she belongs to the above mentioned reserved category. The petitioner, however, was not called for the first counselling held on 04.11.2009. Consequently, she could not utilize the Reservation Certificate dated 06.10.2009. Meanwhile, some posts of B.Ed. teachers were advertised by the Department of Madhayamik Shiksha Abhiyan and the petitioner wanted to apply for those posts as well being a reserved category candidate. As per the prevailing practice, the petitioner had to surrender her Reservation Certificate so as to secure a fresh one with a specific reference to the advertisement in response to which she wanted to apply. She therefore got issued another 'Lineal Descendent Certificate' dated 28.01.2010 (Annexure P-9). The petitioner was no longer left with the Lineal Dependent of Ex-serviceman Certificate dated 06.10.2009 when she was called for second counselling on 16.7.2010. She produced the Lineal Descendent Certificate now issued to petitioner dated 28.01.2010 but the respondents refused to accept the same as it was issued after the cut off date.

(2.) IN the facts and circumstances of the case, it does appear that the petitioner could not produce the Dependence Certificate dated 06.10.2009 or any other certificate issued before the cut off date, for the reasons beyond her control. She can not be penalized for the procedural wranglings being followed by the office of the District Sainik Welfare Board or the respondents.

(3.) IN the light of the statement made by the counsel for the petitioner, present petition is disposed of with directions to the Secretary, Department of School Education, Punjab-respondent No. 1 to consider and decide the representation of the petitioner dated 17.09.2012 (Annexure P-13) within a period of three months from the date of receipt of certified copy of this order. The claim of the petitioner shall only be considered in case there is any vacant post of Ex-Serviceman/Dependent of Ex-Serviceman out of the advertisement, in pursuance whereof petitioner had applied and was found to be eligible for appointment except for the Dependent of Ex- Serviceman Certificate. Decision so taken be conveyed to the petitioner forthwith.