RAJWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this court with a grievance that she had not been awarded five additional marks for having passed Middle and Matric examination from the schools situated in the rural areas while considering her candidature for the post of Teaching Fellow.

(2.) Learned counsel for the petitioner submitted that in response to the advertisement issued on 5.9.2007, the petitioner applied for the post of Teaching Fellow. In terms of the advertisement issued, five additional marks were to be granted to the candidates who had passed their Middle and Matric examination from the schools situated in rural areas. The petitioner was not awarded those marks, whereas other candidates were. She further submitted that award of those marks was upheld by a Division Bench of this Court in Sudesh Rani v. State of Punjab, 2010 5 SLR 768, hence, denial of those marks to the petitioner is illegal, when all other candidates in the same selection process had been awarded those marks. She further submitted that subsequent judgment of Full Bench of this Court in Abhishek Rishi v. State of Punjab and others, 2013 3 SCT 1cannot be made applicable in the case in hand for the reason that it had to be applied for the advertisements issued subsequent thereto.

(3.) On the other hand, learned counsel for the State submitted that once a Full Bench of this court has opined that no additional marks could be awarded to a candidate for having passed his Middle and Matric examination from the schools situated in rural areas, nothing lies in the mouth of the petitioner now to claim that benefit. No mandamus can be issued to perpetuate the illegality, as is claimed by the petitioner. The law laid down by the Full Bench of this Court has to be respected and the petitioner cannot seek a direction to award marks, which is contrary to the law laid down by this court.