SUKH CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner being eligible and duly qualified, applied for the post of JBT teacher in response to the advertisement dated December 4, 2001 in the category of Scheduled caste (Ad-Dharmi). The petitioner was duly selected by the Departmental Selection Committee in the month of May 2002. His name was duly recommended for appointment to respondent No. 2 i.e. Director, Public Instructions (Elementary Education), Punjab, Chandigarh. The petitioner waited for the letter of appointment but none was received. A representation dated March 4, 2003, was submitted to the District Education Officer, copy Annexure P-6. No reply thereto was received and that aggrieved of the inaction on the part of the respondents, approached the Director, Scheduled Caste and Schedule Tribe Commission, Punjab, Chandigarh, by submitting an application dated March 12, 2003. A clarification was sought by the concerned authorities. A report was submitted by the District Education Officer to the learned Deputy Commissioner, Nawanshahar, stating that the Director, Public Instructions Primary, Punjab, had scrutinised the record of 53 candidates and after verification, approval was accorded for issuing the appointment orders/letters. The approval was received by the District Education Officer vide letter dated April 18, 2003. Pursuant thereto, the letters of appointment had been issued to the said candidates but for the reasons best known, the case of the petitioner had not been forwarded. However, the record of the petitioner was verified and checked vide letter dated May 21, 2002, the same was submitted for approval of the Director.

(2.) Since no letter of appointment was forthcoming, the petitioner filed CWP No. 17731 of 2002, before this Court and that the petition was disposed of with a direction that as and when the ban is withdrawn the petitioner would make a claim for appointment accordingly. In this regard, the District Education Officer, submitted his report to the learned Deputy Commissioner, Nawanshahar vide communication dated September 18, 2003.

(3.) It has been averred that the Government of Punjab had made the recruitments to the post of Deputy Superintendent of Police after the cut off date i.e. 10/13.5.2002, meaning thereby the ban on the recruitment had been lifted. Thus, the letter of appointment should have been issued to the petitioner in the normal course. The petitioner served a justice demand notice dated July 23, 2003, but no response was received. Resultantly, the present petition has been filed for the relief.