TARLOCHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Department of Education advertised more than 2,000 posts of Lecturers, Masters and Teachers etc. The petitioner who was already working as an "Instructor in Physical Education applied for the post of Lecturer. On August 16, 1994 the petitioner was appointed as Lecturer in Physical Education. Vide order, dated December 7,1994, the terms of appointment were modified. It was provided that "this offer is purely temporary and for a period of 39 days." Aggrieved by this action, the petitioner has approached this Court through the present Writ Petition. He points out that the Selection Committee had placed him at No.3 in order of merit. The candidate who was at No.l did not join. The post was offered to Kapoor Singh who was at No.2 in the merit list. Since he had been appointed by promotion prior to the notification of the result of selection, he requested the Department to cancel the appointment order issued to him on August 16, 1994. Thereafter, it was the turn of the petitioner to be appointed on regular basis. On this basis, the petitioner prays that a Writ of Mandamus be issued to the respondents directing them to consider and appoint him as a Lecturer in Physical Education on regular basis.

(2.) The respondents contest the petitioner's claim. They point out that while deciding Civil Writ Petition No.5935 and 13331 of 1994, two Benches of this Court had directed that appointments shall be made only to the posts which had been advertised. The vacancies which had otherwise become available had to be re-advertised. Since the petitioner "did not come on merit", he has no cause which may be remediable through the present proceedings. It has been further pointed out that only 175 posts of Lecturers were available, out of which 2 posts were for the subject of Physical Education. The Department has filled those 2 posts.

(3.) Mr. (i.C. Gupta, learned counsel for the petitioner submits that out of the 2 posts of Lecturers in Physical Education, one was reserved. Against the other post which was to be filled up from amongst the members of the general category, no person had been appointed.