NAVJOT DHILLON Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have challenged the order dated 16.3.2013, Annexure P10, whereby their claim for appointment to the post of Art and Craft Teachers has been rejected. Prayer is for the issuance of a writ of mandamus for directing the respondents to appoint the petitioners as Art and Craft Teachers in the light of recommendations made by Lok Pal, Punjab contained in the report dated 3.6.2008 at Annexure P1.

(2.) The pleaded case of the petitioners is that in the year 2001, the Department of Education, State of Punjab issued an advertisement to fill up the vacancies of teachers of various categories including that of Art and Craft Teachers. As per advertisement, Matric with two years diploma in Art and Craft was prescribed as the essential educational and professional qualification for the post of Art and Craft Teacher. It has been asserted that all the petitioners were eligible and, accordingly, had applied for the post in question. The result of the selected candidates was published, but the names of the petitioners did not figure in the select list. At that stage, the petitioners along with certain other candidates filed complaints before the Lok Pal, Punjab against the members of the Selection Committee as also the then Education Minister, Punjab raising an issue that meritorious and deserving candidates have not been selected for extraneous considerations. It is submitted that upon enquiry having been conducted, the Lok Pal, Punjab furnished report dated 3.6.2008 recommending that the complainant-candidates be offered appointment in order of merit against the existing vacancies and if there be no such vacancies, then they be given appointments as and when vacancies arise in future by granting concession of age. It is further pleaded that the recommendations of the Lok Pal, Punjab were even accepted by His Excellency, the Governor of Punjab, vide order dated 26.6.2008, Annexure P2.

(3.) Learned Senior counsel appearing for the petitioners has argued that the petitioners have been denied the benefit of the recommendations made by the Lok Pal as contained in the report dated 3.6.2008. It has been argued that such action is arbitrary and illegal. Under the Punjab Lok Pal Act, 1996 (for short "1996 Act"), the Competent Authority to accept the recommendations is the Governor of Punjab and such recommendations having been accepted in entirety, it was not open for the respondent-Authorities to deny implementation thereof and, consequently, not to appoint the petitioners on the post of Art and Craft Teachers.