JYOTI SRIVASTAVA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The prayer in the present petition is for issuance of a writ in the nature of certiorari quashing impugned order dated 3.6.2013 (Annexure P- 27), whereby, the appointment of the petitioner on the post of TGT-SST under Sarav Shiksha Abhiyan Society, U.T., Chandigarh has been cancelled as well as order dated 28.6.2013 (Annexure P-28), whereby, the candidature of the petitioner has been considered to be ineligible. A further prayer has also been made for issuing directions to the respondents to appoint the petitioner as TGT-SST under Sarav Shiksha Abhiyan Society, U.T., Chandigarh as well as to consider her eligible and to grant all consequential benefits including arrears of pay and other allowances.

(2.) Learned counsel for the petitioner contends that without taking into consideration the certificate issued by the Panjab University and without giving any reason, the appointment of the petitioner to the post of TGT-SST has been cancelled. Learned counsel further contends that the petitioner was found eligible for the said post and was placed at Sr. No. 31 in the Merit List. The petitioner was conveyed about her selection through SMS as well as telephonically and was asked to join her duty immediately.

(3.) Learned counsel for the respondents submits that judgments relied upon by learned counsel for the petitioner are not applicable in the present case as the issue involved in aforesaid judgments relates with regard to admission, whereas, the controversy in the present case is of selection/appointment. Learned counsel further submits that it was specifically mentioned in the advertisement that the combination of subjects should be as per requirement of the advertisement. There was no proper combination of the subjects in the case of the petitioner and as she was not fulfilling the requisite qualification for the aforesaid post, therefore, the order for cancellation of her appointment has been passed. Heard the arguments advanced by learned counsel for the parties and have also gone through the impugned orders as well as other documents available on the file.