RASHPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court in terms of filing the instant writ petition being aggrieved of the action of the Punjab State Education Department in having denied him consideration for appointment to the post of Master (Hindi) under the Backward Class category.

(2.) Briefly noticed, an advertisement dated 23.9.2009 was issued inviting applications for recruitment of Lecturers and Masters/Mistresses in various subjects including 713 posts of Masters/Mistresses (Hindi). It has been pleaded that the petitioner who belongs to the Backward Class category and possessed the essential qualifications prescribed, had applied for the post of Hindi Master within the stipulated time frame. The petitioner has secured 58.9864% marks on the basis of qualifications held by him. However, in the final selection list issued by the respondent-Department for the post of Master (Hindi) relating to Backward Class category, the name of the petitioner did not figure.

(3.) Learned counsel for the petitioner would submit that even though no order in writing has been passed and communicated to the petitioner as regards rejection of his claim, but it has been orally informed that the Backward Class certificate submitted before the Scrutiny Committee was dated 28.12.2009 and which was not in terms of the requirement of the relevant condition contained in the advertisement. Learned counsel would argue that the petitioner had submitted the Backward Class certificate dated 2.1.2009 which was within the stipulated time frame i.e. having been issued within one year prior to the closing date for submission of application forms and it was only upon fresh certificate having been demanded by the Scrutiny Committee that the subsequent certificate dated 28.12.2009 had been produced. Learned counsel argues that the Scrutiny Committee has wrongly ignored the Backward Class certificate dated 2.1.2009 and has taken into consideration the certificate dated 28.12.2009. Learned counsel for the petitioner has placed reliance upon a Division Bench judgment of this Court dated 30.9.2008 in Civil Writ Petition No.4242 of 2007 "G Civil Writ Petition No.4242 of 2007 "Gyatri Jyoti yatri Jyoti v.. State of Punjab and others" to contend that the condit State of Punjab and others" ion relating to educational and professional qualifications to be acquired by the last date of submission of applications cannot be read into the requirement of submission of Reservation Certificate. Learned counsel would further submit that the Division Bench judgment in Gyatri Jyoti's case has thereafter been followe Gyatri Jyoti's d in Civil Writ Petitiion No.6426 of 2009 "Smt.Sumit Kaur v. Smt.Sumit Kaur v. State of State of Punjab and others" (Annexure P19) and Civil Writ Peti Punjab and others tion No.12564 of 2009 "Poonam Bala v. State of Punjab Poonam Bala v. State of Punjab Poonam Bala v. State of Punjab and others and others and others" (Annexure P20).