LAWS(P&H)-1995-3-215

AMRIT PAL KAUR Vs. STATE OF PUNJAB

Decided On March 27, 1995
Amrit Pal Kaur Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner Amrit Pal Kur and seven others have prayed for the issuance of a writ of mandamus directing the respondents to appoint them as teachers in the Education Department of the Punjab Government.

(2.) Claim of the petitioner is founded on the facts that they are graduates in Arts and Science and have also passed their B.Ed. Examinations which make them eligible for appointment as teachers. Petitioners' assertion is that Selection Committee which met in July, 1992 for making selection and appointment on the post of teachers in district Bhatinda and although their names were included in the waiting list, the respondents did not issue the appointment letters. The petitioners have alleged that inspite of the availability of vacant post, respondents have not issued orders for their appointment and in this manner, they have been discriminated. The petitioners have also challenged the order annexure P-4 on the ground of arbitrariness.

(3.) Case of the respondents is that although the names of the petitioners had been included in the waiting list prepared by Departmental Selection Committee in view of the Government's decision contained in annexure R-1 dated 2.1.1993, the waiting list did not survive and the petitioners cannot make a claim for appointment as teachers on the basis of their selection in the year 1992. The respondents have also relied on an order dated 15.7.1993 passed by this Court in CWP No. 981 of 1993 (Sultan Ram & Ors. v. State of Punjab & Ors.) in support of their plea that the waiting list prepared by the Departmental Selection Committee did not survive after six months calculated with reference to the date of preparation of the waiting list.