STATE OF PUNJAB Vs. PRIYA MAHAJAN

JUDGEMENT

(1.) For the reasons mentioned in the application, which is supported by an affidavit, delay of 124 days in filing of the appeal is hereby condoned.

(2.) Her grievance was that though she had merit of 60.64%, yet respondent Nos. 2 and 3, who were in merit of 54.40% & 53.18% respectively, have been selected. The case pleaded by respondent No. 1 in the writ petition was that the post advertised by the appellant was governed by the Punjab Industrial Training (Class-III) Technical Services Rules, 2001 (hereinafter referred to as the "Rules"), according to which a candidate should be M.A. (English) or B.A. (with Hons in English) and should be B.Ed. with English as one of the elective subject and should also possess at least one year teaching experience in a Government Institution or an Institution recognized by the Government. According to respondent No. 1, she was in possession of all the qualifications but she was not selected because of Note-9 in the advertisement which prescribed the acquisition of experience after attaining the minimum academic qualification which, according to her, was contrary to the statutory Rule in which only one year experience was required without there being any stipulation that it has to be after attaining the minimum qualification for the post.

(3.) The learned Single Judge, after taking into consideration the facts and the precedents, allowed the writ petition observing that where any field is governed by statutory provisions, any condition to the contrary cannot operate. It was also observed that Note-9 in the advertisement cannot be applied to decline appointment to respondent No. 1 who has got higher merit than respondent Nos. 3 and 4.