LAWS(P&H)-2016-3-227

NAVJOT KAUR Vs. STATE OF PUNJAB & ORS.

Decided On March 29, 2016
NAVJOT KAUR Appellant
V/S
State Of Punjab And Ors Respondents

JUDGEMENT

(1.) The petitioner works as Social Studies Mistresses at Government Girls Senior Secondary School in Lehragaga, Distt. Sangrur. In the instant petition the petitioner seeks appointment against an advertisement published on October 1, 2006 calling applications from eligible candidates including from the sports category for filling up the posts of Head Masters/Head Mistresses in the Department of Education, Punjab by direct recruitment. Conditions of service of Lecturers in school cadre are governed by the Punjab State Education Class-III (School Cadre) Service Rules, 1978.

(2.) The petitioner is a sports person who had applied in 2006 under the sports category. She asserts she has a Grade A & Grade B sports gradation certificates secured as a Hockey player while representing the Kurukshetra University, Kurukshetra, Haryana at the inter-varsity level in the year 1986-87 and 1987-88. She is thus eligible for appointment in the sports category. After undergoing the selection process she was called by the Selection Committee through a public notice issued to all candidate in November 13, 2007 for a second process initiated for scrutiny of original documents. The petitioner's claim was rejected the scrutiny committee on the ground that the Sports Gradation Certificate does not fit the criteria prescribed as it was earned in the neighbouring State of Haryana.

(3.) Subject to what is pointed out later, the petitioner slept over her perceived grievance and her rights from 2007/2008 till 2015 till she woke up to approach this Court in CWP No.7452 of 2015 which petition was disposed of on April 23, 2015 as withdrawn with liberty to pursue the matter with the second respondent before whom she was at liberty to press her representation dated March 25, 2015. The instant petition has been filed praying for issuance of a writ in the nature of certiorari quashing the advertisement dated October 1, 2006 (Annex P-2) to the extent it imposes offending condition No.4 which is stated to be wrong and illegal. Condition 4 deals with sports quota and defines eligibility. Even when she has earned her sports credentials in Haryana her case could not have been rejected at the time of scrutiny of documents.