STATE OF PUNJAB Vs. SHAVITA VIJWESHWAR

JUDGEMENT

(1.) THIS order will dispose of two appeals viz. Letters Patent Appeal Nos.1000 of 2013 titled as "State of Punjab and Another v. Shavita Vijweshwar and Others" and No. 999 of 2013 titled as "State of Punjab and Another v. Smt. Jyoti Jindal", as the common questions of law and facts are involved therein. To dictate order, facts are being taken from Letters Patent Appeal No. 1000 of 2013.

(2.) THIS appeal has been filed against an order dated 6.5.2013 passed in Civil Writ Petition No. 25418 of 2012, filed by the respondents, which was allowed by the learned Single Judge and letter dated 13.12.2012 (Annexure P7) was quashed. Vide that letter, service of respondent No.1 -Shavita Vijweshwar was terminated on the ground that about 90 candidates, between her merit and the merit of last selected candidate, were left out of service when it was offered to her. Appellant - State issued a public notice on 23.9.2009 (Annexure P1) inviting applications for recruitment of the Lecturers in the subjects including the posts of Hindi Master/Mistress. In all, 713 posts of Hindi Master/Mistress were advertised. It was provided in the advertisement that posts are earmarked in the ratio of 50:50 between men and women. The respondents being eligible applied in response to above advertisement. It is necessary to mention here that criteria for selection was mentioned in the advertisement. It was stated that there shall be 80 marks on the basis of percentage of marks obtained by each candidate in basic educational and professional qualifications. In addition thereto, 5 marks were earmarked for higher qualification, another 10 marks for another higher qualification and 10 marks were reserved for teaching experience for ten years i.e. 1 mark for each year of experience. The respondents No.1 to 3, stated that as per the criteria mentioned above, they had secured following percentage of marks: -

(3.) RESPONDENT No.3 62.2742"