STATE OF PUNJAB AND ANOTHER Vs. SHAVETA KAMBOJ

JUDGEMENT

(1.) The present Letters Patent Appeal under Clause X of the Letters Patent is directed against an order passed by learned Single Bench of this Court on 07.07.2014 whereby the writ petition filed by the petitioner (respondent herein) for granting relaxation in the qualifying marks for Punjab State Teachers Eligibility Test (PSTETII) was allowed.

(2.) An examination was conducted to test eligibility of the teachers before their appointment to comply with the mandate of The Right of Children to Free and Compulsory Education Act, 2009 in pursuance of a notification dated 23.08.2010. The respondent applied for such examination as a General Category candidate and secured 83 marks out of 150 and was not successful. The notification of conducting examination dated 23.08.2010 was amended subsequently on 29.07.2011 whereby relaxation was to be given in the qualifying marks to the candidates belonging to the Scheduled Castes/Scheduled Tribes/Other Backward Classes/Physically Handicapped categories. The grievance of the respondent is that she as an Other Backward Class candidate is entitled to relaxation in terms of notification dated 29.07.2011.

(3.) It is contended that though such notification was issued after the result was declared but in terms of the judgment of this Court in CWP No.21387 of 2011 titled Shabir Khan and another v. The State of Punjab and others, decided on 29.02.2012, the benefit of notification is to be given to all those candidates who appeared in the examination on 03.07.2011. Learned Single Bench allowed the writ petition relying upon a judgment of this Court in Shabir Khan's case , when the Court said to the following effect:-