MANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Manjit Kaur petitioner having passed Matriculation from Punjab School Education Board, joined two-years J.B.T. (Home Craft) Course in Government Central Crafts Institute for Women, run by Department of Technical Education, Union Territory, Chandigarh. She successfully completed the course and was awarded Diploma Certificate (Annexure P/1). Thereafter, she passed six-months Condensed Course from the aforesaid Institute. Thus, on completion of aforesaid two courses, the same became equivalent to J.B.T. (General), as recognised by the Chandigarh Administration in their letter dated March 10, 1989 (Annexure P/2). As per policy decision of the Punjab Government dated May 9, 1960 (Annexure P/3), the aforesaid course completed by the petitioner stood recognised as equivalent to a similar course prevalent in Punjab. Earlier, twice the Punjab Government constituted Departmental Selection Committees for recruitment of J.B.T. teachers in the year 1987 and 1989. On both these occasions, the petitioner applied for being recruited as J.B.T. teacher. Her request was declined. Now again the Punjab Government constituted Departmental Selection Committee, headed by respondent No. 4 for recruitment of 800 posts of J.B.T. teachers in March, 1993. The petitioner again applied for being recruited. However, her request has been declined. Thus, she has approached this Court in this writ petition.

(2.) On notice of motion, written statement has been filed by the official respondents, contesting the petition inter alia asserting that the Diploma Course done by the petitioner from the Chandigarh Institute is not recognised by the Punjab State.

(3.) After hearing counsel for the parties, we are of the opinion that the stand taken up by the respondents is not in accordance with the policy decision taken by the Punjab Government, as contained in Annexure P/3. A specific assertion was made in the writ petition that the Diploma Course coupled with completion of six months, Condensed Course was recognised by the State of Punjab vide instructions Annexure P/3. To this fact, there is no specific denial in the written statement. Reply in the written statement refers to only non-recognition of simple Diploma Course Certificate issued by the Chandigarh Institute. Reference to Annexure P/3, the instructions issued by the Punjab State would be necessary to appreciate the point in dispute. The policy decision is quoted as under:-