ROOPA SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whether a candidate who has passed Punjabi Parbodh examination can be treated as possessing knowledge of Punjabi language of Matriculation standard is the main issue which arises for determination in this petition.

(2.) The petitioner who is a dependent of and ex-serviceman and who has passed Bachelor of Ayurvedic Medicine and Surgery (for short BAMS) from Guru Nanak Dev University, Amritsar, and who has also passed Punjabi Parbodh examination conducted by Director, Language Department, Punjabi, Patiala, on 15.9.1996, applied for recruitment as Ayurvedic Medical Officer in response to the advertisement No. 2 of 1996 issued by the Subordinate Services Selection Board, Punjab (for short the Board). She was directed to appear for interview on 25.9.1996. When the petitioner appeared before the Board she was not interviewed on the ground of lack of qualification. It was given out to her that Punjabi Parbodh examination passed by her on 15.9.1996 cannot enure to her benefit because she ought to have fulfilled the condition of eligibility as on 30.4.1996, the last date fixed for the receipt of the applications. The decision of the Board not to interview her has been challenged by the petitioner on the following two grounds :-

(3.) Before we consider merits of the challenge made to the decision of the Board not to consider the candidature of the petitioner, we deem it proper to mention that in compliance of the interim direction issued by the Court on 8.10.1996 the petitioner was interviewed by the Board. The result of her interview was produced before the Court on December 3, 1996. On a perusal of the result we found that the petitioner has secured more marks than the last candidate selected in the reserved category of ex-servicemen.