SUKHJEET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This shall dispose of Civil Writ Petitions No. 13109 and 15676 of 1993 and 7187 of 1994 as identical questions of law and facts are involved therein.

(2.) Briefly, the facts giving rise to the filing of the writ petition may be noticed :

(3.) As per the averments made in the writ petitions petitioners after acquiring the qualification of Matriculation joined two years' JBT (Home Craft/Home Science) course in various recognised institutions in the State of Haryana. On completing the two years' JBT course, the Department of Industrial Training, Haryana, awarded certificates to the petitioners. On 29.5.1984, 20.9.1985 and 16.8.1990 the State of Punjab issued instructions derecognising the JBT course (Home Craft/Home Science) and Diploma in Art and Crafts which had been obtained from the institutions of State of Haryana and JBT course from Rajasthan respectively. Because of derecognition, the respondents refused to consider the petitioners and other similarly situated candidates for their selection and appointment as JBT teachers in the State of Punjab. This led to the filing of number of writ petitions in this court. According to the petitioners most of the petitioners also filed similar writ petitions in this court, including Civil Writ Petitions No. 11753 of 1989. In one of the writ petitions, i.e. Civil Writ Petition No. 13174 of 1991 the matter was referred to the Full Bench. The Full Bench delivered the judgment on 24.9.1992 observing therein that candidates who have acquired the qualification before its derecognition would be considered eligible and the derecognition of the certificates would be effective only prospectively and will not apply retrospectively. In terms of the judgment of the Full Bench the learned Single Judge decided the writ petition of the petitioners on 12.11.1993. In the present writ petitions the grievance of the petitioners is that instead of complying with the judgment delivered by the Fully Bench as well as the learned Single Judge respondent No. 1 on 18.3.1993 issued a letter stating therein that only those candidates who have undergone six months' condensed course after two years 'JBT' course would be considered eligible for appointment as J.B.T. teachers in the State of Punjab. Petitioners have further averred that in response to advertisement dated 29.3.1993, petitioners applied for the post of J.B.T. teachers, whereafter they were called for interview. However, in the interview letters the petitioners were asked to being along with them the certificates of six months' condoned course. Again on 10.9.1993, respondent No. 3 invited applications from the eligible candidates for recruitment to the post of JBT teachers. In the advertisement again a condition had been laid down that the candidates should also possess six months' condensed course in addition to two years' JBT course certificate awarded by the Industrial Training Department, Haryana. It has been stated that in view of the condition of six months' condensed course the petitioners are nor being considered by respondent No. 3. It has thus, been prayed that petitioners who have acquired die qualification of J.B.T. from the Industrial Training Department, Haryana, prior to 29.5.1994 i.e. prior to the date of its derecognition have to be treated as fully qualified and have a right to compete with others for their selection and appoint- ment as JBT teachers prayer made is for directing the respondents to consider the names of the petitioners for appointment as JBT teachers treating them to be fully eligible and qualified for the said posts in view of the law laid down by the Full Bench of this Court in Neelam Kumari vs. State of Punjab and others, 1993 1 RSJ 327 and subsequent judgment delivered in Raj Karni vs. State of Punjab and others,1993 2 RSJ 551.