PARMINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order, this court proposes to dispose of the 38 connected writ petitions since a common set of facts and law point are involved. For the sake of brevity, facts have been culled out of Civil Writ Petition No. 315 of 2016 Parminder Kaur and others Vs. State of Punjab and others.

(2.) In brief, the respondents issued an advertisement to invite online applications for recruitment of 3522 ETT teachers in Punjab State to be filled in by 12015. The age limit as prescribed in the advertisement was specified to be between 18 to 37 years as on 1.1.2015. The petitioners who had the necessary qualification, having passed the two years ETT course, tried to apply online but the computer refused to accept the applications on the ground that the petitioners were overage. The upper age limit of 37 years, as prescribed in the advertisement dated 09.11.2015, was challenged before this Court in Civil Writ Petition No. 24693 of 2015. Since some of the petitioners had also represented to the Department concerned, the writ petition was disposed on 03.12015 by giving a direction to the respondents to decide the claim of the petitioners in relation to the upper age limit fixed at 37 years. In compliance of order dated 3.12015, the respondent Department passed a speaking order on 15.12015, rejecting the claim of the petitioners by relying upon the provisions of the Punjab Civil Services (General and Common Conditions of Service) Rules 1994 (hereinafter called 'the 1994 Rules'). Aggrieved the instant writ petition has been filed.

(3.) Mr. Sunny Singla, learned counsel appearing on behalf of the petitioners, contends that as per Rule 5 of the Punjab State Education Class- III (Primary Schools Cadre) Service Rules 1997, (for short 'the 1997 Rules') age of an eligible applicant is fixed between 18 to 42 years. This is a special law which came into force on 11.6.1998 and was enacted to govern the service conditions of Primary School Carders. Being a special law, it will have primacy over the Punjab Civil Services (General and Common Conditions of Services) Rules, 1994 where maximum age limit fixed is 37 years.