NAVNEET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution prays for quashing order dated 25th July, 2007 (Annexure P -12) passed by the Director, Public Instructions (S), Punjab, Chandigarh rejecting the representation made by the Petitioner. The impugned order has been passed in pursuance to the directions issued by a Division Bench of this Court in CWP No. 1059 of 2007 on 30th January, 2007 (Annexure P -10).

(2.) BRIEF facts of the case, necessary for disposal of this petition are that Respondents issued an advertisement on 11th June, 2006 (Annexure P -4) for filling up the posts of master/mistress in various subjects including Mathematics and Science. According to Clause 10 of the advertisement a candidate is required to possess prescribed educational qualification and professional qualification for the post applied for on or before the last date of receipt of application, which was fixed as 10th July, 2006. However, the Respondents issued a corrigendum (Annexure P -5) and in Clause (ii) of the corrigendum the educational and professional qualifications for the posts of Mathematics Master/ Mistress were required to be read as Graduate with Mathematics as one of the elective subject at Graduation level with B. Ed, instead of B.A./B. Sc. There was some amendment made in respect of the post reserved for Scheduled Caste and Backward Class and the number of posts was also altered. The Petitioner claims to have qualified B. Ed. examination on 20th August, 2006, (Annexure P -l), which is earlier than the date of issuance of corrigendum on 31st August, 2006. Accordingly, she applied for the posts of Mathematics as well as Science mistress in the category of Backward Classes. She also attached Backward Class certificate dated 6th May, 2005 (Annexure P -2). The Subordinate Services Selection Board, Punjab (for brevity the 'Board') found the application of the Petitioner in order after scrutiny. Accordingly, the Board called all eligible candidates for verification of the documents by public notice published in the 'The Tribune' ('English Daily') on 24th October, 2006. The Petitioner did not receive any letter but in pursuance to the public notice visited the office of the Board. Her documents were verified as she had shown all her original certificates. The Board did not raise any objection to any of the document.

(3.) THE Respondents issued another advertisement which was published in 'Punjabi Daily Ajit' on 27th October, 2006 (Anexure P -7) inviting applcations for filling up 500 posts of Master/Mistress (Mathematics). The Petitioner submitted her application online for the posts of Science/Mathematics Mistress in the Backward Class as well as general category. The Petitioner appeared at C -DAC for scrutiny of the documents made on 16th November, 2006 and her merit was calculated as 73.463% (Annexure P -8). On 19th November, 2006 the Respondents issued final merit list of eligible candidates for appointment of Master/Mistress in the subjects of Science, Mathematics and others in C -DAC selection. In the Backward Class category thelast candidate selected had secured 69.933% marks but the name of the Petitioner did not figure in the list despite the fact that she had secured 73.463% marks. A copy of the result in the subject of Mathematics Master/ Mistress is annexed as Annexure P -9. Eventually the Petitioner filed CWP No. 1059 of 2007 which was disposed of by issuing directions to decide her representation. In pursuance to the aforementioned directions and filing of C.O.C.P. No. 963 of 2007, Respondent No. 2 has passed the impugned order dated 25th July, 2007 (Annexure P -12), which is subject matter of challenge in the instant petition. The claim made by the Petitioner has been rejected.