MEENAKSHI SIDANA Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner has approached this Court by filing the instant petition under Article 226 of the Constitution with a prayer for quashing order dated 13.4.2006 (P -20), passed by the District Education Officer refusing to grant approval to her appointment against a grant -in -aid post of JBT (Science) teacher. A direction has also been sought to respondent Nos. 1, 2 and 3 to grant approval to the petitioner and allow her to continue as JBT (Science) teacher. A further direction has been sought for releasing her full pay for the period she has worked from the date of her joining i.e. 4.7.2002 till the date of release of her salary as per the scale admissible to the grant -in -aid JBT (Science) teacher.

(2.) This is infact second round of litigation as the petitioner - Smt. Meenakshi Sidana was respondent in C.W.P. No. 13979 of 2002, wherein the advertisement, selection process and appointment of the petitioner on the post of JBT Teacher was challenged. It is appropriate to mention that apart from the petitioner a number of other persons including Smt. Anita, Sarvshri Udayan Dweser, Jatinder Pal Singh, dalvinder Singh and Rajiv Jindal etc. were also selected and appointed, who have filed C.W.P. Nos. 15599, 2344 and 9791 of 2006, seeking similar relief. That writ petition was dismissed on 16.2.2004 (P -13) by a Division Bench of this Court. Even the Special Leave Petition against the order dated 16.2.2004 (P -13), passed by the Division Bench stand dismissed by Hon'ble the Supreme Court on 28.11.2005 (P -18). The order of the Division Bench challenging the selection and appointment of the petitioner, who was respondent No. 4 in C.W.P. No. 13979 of 2002 deserves to be extracted in extenso and the same reads as under:

(3.) Facts are not in dispute. At the instance of Doaba Arya Senior Secondary School, Nawanshahr -respondent No. 4 (for brevity, 'the respondent School') advertisements were published in two English dailies - 'The Indian Express' and 'The Tribune' and twice in the Hindi Daily 'Punjab Kesri' on 25.5.2002 and 27.5.2002 (P -1, P -2, P -3 & P -4 respectively) inviting applications for six vacant JBT/ETT posts. The petitioner being eligible and qualified with B.Sc. (Non - Medical) and B.Ed. degree, applied for the post. An application to this effect was sent on 31.5.2002. She received a call letter dated 20.6.2002 (P -5) for her interview on 27.6.2002. It is pertinent to mention that the respondent School also invited District Education Officer, Nawanshahr, in the meeting of the Managing Committee, which was proposed to be held on 28.6.2002 with the object of confirming proceedings of the Selection Committee (P -6). The Selection Sub -Committee comprising of five members, constituted in accordance with Rule 7(1) of the Punjab Privately -Managed Recognised Schools Employees (Security of Service) Rules, 1981 (for brevity, 'the 1981 Rules') interviewed the petitioner on 27.6.2002. Against all the posts of JBT, 37 candidates had applied and 28 candidates appeared before the Selection Sub -Committee for interview which continued for two days on 27.6.2002 and 28.6.2002. The Selection Sub -Committee recommended the name of the petitioner for the post of JBT (Science). The recommendation of the Selection Sub -Committee were later on confirmed by the Managing Committee of the respondent School in its meeting held on 28.6.2002 (P -7). Accordingly, the selection and appointment of the JBT teachers including that of the petitioner attained finality and the petitioner was issued an appointment letter on 29.6.2002 (P -8). According to the terms and conditions of the appointment letter she was appointed against an advertised post of JBT (Science) and her service conditions were to be governed by the 1981 Rules. She was to be paid salary in accordance with the pay scale of the Government teachers, subject to the grant of approval of her appointment by the D.P.I. (S). The petitioner was asked to execute an agreement with the school authorities that she was not to claim a higher claim except the one admissible to JBT teachers merely on the ground that she possessed higher qualifications. She duly executed the agreement and affidavit and then joined her duty (P -9). She continued to work with sincerity.