JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present is a bunch of writ petitions i.e. Civil Writ Petition Nos. 20674, 20709, 21060, 22240 of 2011, 23147, 23625, 25480, 25658 of 2012 and 7697 of 2013, where the petitioners are impugning the merit list published by the Subordinate Service Selection Board, Punjab (hereinafter referred to as "the Selection Board") on its website on 2.11.2011 (Annexure P-12) for the post of Up-Vaid on the ground that the candidates who were holding Diploma in Ayurvedic Pharmacy from the Punjab State Board of Technical Education and Industrial Training (for short, "the Technical Board") with three months internship, have not been considered for appointment to the posts on the ground that the diplomas have not been issued by the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine (hereinafter referred to as "the Faculty").

(2.) Since common question is involved in all these writ petitions, the same are disposed of through this common judgement.

(3.) In pursuance of the advertisement No.2 of 2011, dated 8.7.2011 issued by the Selection Board, vide which 82 posts of Up-Vaid were advertised by the Directorate of Ayurveda, Punjab, petitioners, being eligible as per the qualifications prescribed therein, applied for the said posts. The merit was to be determined on the basis of percentage of marks obtained in the technical qualification prescribed. Petitioners, being higher in merit, were called for counselling but were surprised to see that their names were not mentioned in the merit list displayed on the website of the Selection Board on 2.11.2011. On enquiry, they came to know that they have not been treated as eligible for appointment to the posts on the ground that they have obtained a Diploma in Ayurvedic Pharmacy, which was issued to them by the Technical Board, which is not recognized by the Faculty. Another ground projected was that the Diploma in Ayurvedic Pharmacy awarded to the petitioners are not the specified qualification for the post of Up-Vaid as per Sr.No.16, Appendix A, Rule 8 of the Punjab Ayurvedic Department (Class III Technical) Service Rules, 1963 (for short, "the 1963 Service Rules").