LAWS(P&H)-2015-4-97

SARBJEET KAUR Vs. STATE OF PUNJAB AND ORS.

Decided On April 01, 2015
SARBJEET KAUR Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) IN the present writ petition, the petitioner has impugned the order dated 22.10.2009 (Annexure P -21) vide which her services were terminated and thereafter by giving another opportunity to her, the termination order has been reiterated vide order dated 22.08.2010 (Annexure P -22) passed by the District Education Officer (Elementary Education), Hoshiarpur -respondent No. 3.

(2.) THE facts, in brief, are that the petitioner, in pursuance to an advertisement dated 06.09.2007 issued by the respondents for appointment as Teaching Fellows, applied for the said post. Petitioner asserts that she belongs to backward class category and accordingly applied under the said category. She also asserts that she was having an teaching experience of seven years at the time of submission of application form for the said post. However, the backward class certificate as submitted by the petitioner was not considered valid as it was more than one year old and had, therefore, exhausted its validity. Still, the petitioner was selected under the general category having obtained 66.44% marks, which were more than the last selected candidate of this category. An appointment letter was issued by the District Education Officer (Elementary Education), Hoshiarpur -respondent No. 3 on 25.10.2008 (Annexure P -15).

(3.) THE experience certificate, as submitted by the petitioner, showed that she had worked at the Guru Nanak Khalsa Senior Secondary School, Narowal, Batala from 03.11.1999 to 06.10.2007 (for about seven years). The said experience certificate, however, on verification, was found to be false as the petitioner had actually worked in the said school from 03.11.1999 to 04.07.2001 only. She was selected on the basis of marks assigned to her for experience taking the abovesaid experience certificate to be authentic and on deduction of the marks given to her for experience for the period 2001 to 2007, her merit went down and she would not fall in the selection zone. Therefore, a show cause notice dated 01.01.2009 (Annexure P -16) was issued to the petitioner, calling upon her to submit her reply within a period of seven days as to why her services should not be terminated.