MEENU JINDAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Article 226 of the Constitution of India is seeking direction to reinstate her as Science Mistress. She is further seeking direction to respondent to decide her demand notice dtd. 4/12/2025.

(2.) The petitioner pursuant to Advertisement dtd. 19/10/2021 applied for the post of Assistant Professor. She cleared all the stages and was appointed by respondent-Department of Higher Education as Assistant Professor Chemistry vide order dtd. 2/12/2021, however, the said recruitment process was subject to interim stay granted by this Court in CWP-22446-2021. This Court in aforementioned petition vide order dtd. 8/9/2022 quashed the selection process for the post of Assistant Professor. The petitioners therein approached Division Bench of this Court by way of LPA-829-2022. The Division Bench vide order dtd. 28/9/2024 set aside order dtd. 8/9/2022. Respondent-Department of School Education vide advertisement date 16/12/2021 invited applications for the post of Science Mistress. She cleared all the stages and was appointed as Science Mistress at GMSSS, Kallah vide order dtd. 28/9/2024. She submitted her technical resignation to respondent-Department of School Education on 28/9/2024 to join as Assistant Professor which was accepted on 30/9/2024. The Supreme Court vide judgment dtd. 14/7/2025 quashed the selection process to the post of Assistant Professor. She submitted representation dtd. 22/7/2025 to the respondent-Department of School Education to allow her to join as Science Mistress in the light of orders passed by Coordinate Bench of this Court in CWP-9450-2023 and CWP-9740-2023. The State of Punjab moved an application before the Supreme Court whereby the Court vide order dtd. 18/8/2025 left open the prayer qua non-consideration of period spent as Assistant Professor after resignation towards break in service. She has been in service as Assistant Professor since 18/8/2025 under the order of Supreme Court. She served demand notice dtd. 4/12/2025 to the respondent to join as Science Mistress in the light of similarly situated candidates but to no avail.

(3.) Learned counsel for the petitioner submits that due to quashing of the selection process for the post of Assistant Professor, she could not complete her probation period as Assistant Professor. Her earlier resignation from the post of Science Mistress was withdrawn by her pursuant to quashing of the selection process to the post of Assistant Professor vide judgment of Supreme Court dtd. 14/7/2025. The respondent-Department of Higher Education allowed them representation of similarly situated and allowed them to join back. A Coordinate Bench of this Court vide judgment dtd. 19/1/2026 in Shivani Jain vs Punjab State Power Corporation Limited (PSPCL) has adverted to similar situation whereby direction has been issued to consider the claim.