AVNINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral) - In all these five cases viz Civil Writ Petition Nos. 10216, 10807, 13123, 13425 and 13446 of 1992, the petitioners pray for the issue of a writ of mandamus directing the respondents to appoint them on the posts of JBT teachers. These petitions can, therefore, be disposed of by one order. The facts as given in C.W.P. No. 10216 of 1992 may be briefly noticed.

(2.) The petitioners possess the qualification of B.A.B.Ed. They aver that the respondents sent a requisition to the Employment Exchange, Ropar for sponsoring the names of candidates for filling up the posts of JBT teachers. The names of the petitioners were forwarded and they were interviewed by the Departmental Selection Committee. The petitioners aver that they were selected. A copy of the list of successful candidates has been produced as Annexure P-1 with the writ petition. In spite of the fact that a number of posts of JBT teachers were lying vacant in different schools in Ropar District, the petitioners were not appointed. Out of 184 teachers who were selected, appointment letters were issued to only 54 persons. The petitioners aver that they had made representations and met the officers concerned. Having failed to achieve the desired result, they have approached this Court through the present writ petition. It has been further averred that 400 posts of JBT teachers had been advertised in The Tribune on July 13, 1992. In spite of the fact, that selected candidates are available, no appointment orders are being issued while the available vacancies are being advertised. On these premises, a prayer for the issue of a writ of mandamus directing the respondents to appoint the petitioners on the posts of JBT teachers has been made.

(3.) A written statement has been filed on behalf of the respondents. It has been inter alia averred that the District Education Officer, Ropar had sent a requisition of 40 posts of JBT teachers which were lying vacant at that time. In response to this requisition, respondent No. 3 prepared two separate lists. The first was a select list consisting of 54 candidates. The other was a waiting list consisting of 130 candidates. This waiting test was sent in spite of the fact that no request therefor had been made. So far as 54 candidates on select list were concerned, they were appointed. However, in view of the ban which had been imposed by the State Government due to the election to the State Legislative Assembly and Parliament, no further appointments were made. It has been further averred that according to the decision of the Punjab Government contained in letter date July 27, 1990 B.A./B.Sc/B.Ed. teachers can be appointed against the posts of JBT teachers only if persons possessing the qualification of JBT are not available. The names of the petitioners were considered. They were not included in the select list of 54 persons but their names were placed in the waiting list. It has been admitted that the petitioners possess the qualification of B.A./B.Sc/B.Ed. However, it has been pointed out that the prescribed qualification for the appointment of JBT teacher is Matric with two years JBT Course. It has now been changed to 10+2 with two years' ETT Course. It is only if the candidates having qualification of JBT were not available, that others with B.A./B.Sc/B.Ed were to be considered. It has been further averred that 400 posts of JBT teachers have been advertised for the entire State of Punjab and not for the Ropar District only. Now JBT/ETT teachers are available. Consequently, the State Government "has constituted a new Departmental Selection Committee for filling the posts of JBT teachers with trained JBT/ETT teachers who are now available." On these promises, the respondents have sought to justify the action. The petitioners have filed a replication reiterating the position stated in the writ petition.