YASHWINDER SINGH RANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment several writ petitions (CWP Nos. 5985, 6573, 6600, 6845, 6883, 7029, 7055, 7486, 7505, 7506, 7615, 8227, 8643, 8700, 8702, 8742, 9369, 9505, 9771, 9792, 9794, 10662, 10071, 10168, 10198, 10565, 10618, 10671, 10792, 10802, 10869, 10923, 10967, 11006, 11007, 11123, 11200, 11232, 11233, 11234, 11258, 11287, 11299, 11319, 11352, 11357, 11366, 11411, 11432, 11440, 11495, 11555, 11579, 11637, 11651, 11662, 11677, 11679, 11689, 11690, 11695, 11712 to 11716, 11725, 11755, 11772, 11785, 11788, 11790, 11831, 11855, 11856, 11884, 11891, 11892, 11925, 11948, 11949, 11952, 11972, 11986, 12006, 12007, 12013 to 12016, 12025, 12026, 12089, 12094, 12108, 12151, 12156, 12157, 12165, 12173, 12233, 12243, 12248, 12250, 12268, 12280, 12281, 12309, 12310, 12316, 12366, 12384, 12398, 12402, 12406, 12421, 12480, 12508, 12509, 12519, 12534, 12562, 12592, 12616, 12620, 12629, 12630, 12631, 12638 to 12640, 12658 to 12660, 12662, 12667, 12669, 12673 to 12677, 12679, 12684, 12693 to 12695, 12700, 12730, 12760, 12777, 12779 to 12781, 12786, 12787, 12796, 12810, 12812, 12814, 12815, 12819 to 12821, 12823, 12845, 12854, 12907, 12942, 12681, 12967, 13024, 13093, 13143 and 13410 of 1994) are being disposed of as in all these cases selection of Masters/Mistresses is under challenge. Thus main judgment is prepared in the present case.

(2.) The petitioners claim consideration and appointment as Lecturers/Masters/Mistresses on the ground that candidates lower in merit than the petitioners were selected and appointed as such. They further claim quashing of the selection made by Departmental Selection Committee on the ground that procedure followed for the selection was illegal and arbitrary. Writ of prohibition is also claimed prohibiting the respondents from filling up the remaining vacancies till appointment of the petitioner. The educational qualifications possessed by the petitioners are narrated in para 2 of the writ petition along with percentage of marks obtained by them in their respective B.A./B.Sc/M.Sc.and B.Ed. courses. Against remarks column qualifications of the petitioners i.e. belonging to Backward classes or freedom fighter category etc. and their achievements such like NSS certificates or experience certificate are mentioned. Some Annexures have also been attached along with the writ petition regarding experience.

(3.) The recruitment to the posts of Lecturers/Masters is governed by Punjab State Education Class III (School Cadre) Service Rules, 1978. Rule 5 provides necessary qualifications and experience as laid down in Appendix 'B' attached to Volume I of the Rules. For the post of Math. Masters the requisite qualifications are B.A. (Math. 'A' and 'B' grades with B.Ed.) and for the post of Science Masters/Mistresses the qualifications required are B.Sc. and B.Ed. Rule 8 provides appointment to such posts to be made by the Director, Public Instructions (Schools), Punjab, respondent No. 2. The State of Punjab constituted Departmental Selection Committee with Director of Public Instructions (Schools) as its Chairman for making selections to the post of Masters as referred to above as well as Lecturers and Masters in other subjects. Respondent No. 2 thus advertised several posts of Lecturers and Masters in different subjects. Such advertisement was published in the newspaper dated August 19, 1992 - Annexure P. 2. The petitioners and several other persons applied for appointment to the posts of Masters and Mistresses in the subjects of Math. and Science etc. All the candidates were issued roll numbers. The roll number allotted to the petitioners are mentioned in para 5 of the writ petition along with the subjects for which they were allotted such roll numbers. Some of the petitioners applied for Science as well as Math. Masters posts. Interview of the candidates were scheduled to be held on December 3, 1992 as per letters of interview issued on November 25, 1992, one of them being Annexure P. 3. For the posts of Social Studies Masters and Mistresses three different Departmental Selection Committees were constituted with different Chairman and Members with their headquarters at Patiala, Gurdaspur and Ferozepur. Likewise different Selection Committees were constituted for other subjects. After the interviews were held by such different Selection Committees, the result was complied in the office of respondent No. 2 by Dr. M. L. Sachdeva, Deputy Director of Public Instructions (Schools), Punjab.