DHARAM PAL Vs. STATE OF PUNJAB & ORS

JUDGEMENT

(1.) The petitioner has filed this writ in the nature of quo-warranto for removal of respondent No.3 from the post of Lecturer in Biology-cum-Principal of Government Senior Secondary School for Boys on the ground that she does not possess the requisite qualification.

(2.) The petitioner has averred that his son is studying in medical stream in the Government Senior Secondary School for Boys, Goniana Mandi, District Bathinda in which respondent No.3 is presently posted. The precise case of the petitioner is that respondent No.3 possesses the qualification of M.Sc. Human Biology whereas the requisite qualification to hold the post is M.Sc. Biology. According to him, during the year 2008, he was informed by the respondents that a person possessing qualification of M.Sc. Human Biology was not eligible for the post of Lecturer in Biology whereas vide order dated 20.3.2014, the respondents have informed the petitioner that respondent No.3 cannot be reverted as she fulfills the requisite qualification. The petitioner has thus sought the quashing of the order dated 20.3.2014. According to the respondents, the eligibility for the post of Lecturer in Biology as provided Appendix 'B' of the Punjab State Education Class-III (School Cadre) Service Rules, 1978 as amended in 1995 [for short 'the 1978 Rules] was only M.Sc.

(3.) The relevant provision provided in Appendix 'B' is reproduced as under: -