KANCHAN SINGH THAKUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the third round of litigation forced upon the petitioner by the respondents who refused to allow him to join duty in spite of the recommendations made by the Departmental Selection Committee which were translated into order of appointment dated 27.11.1997 issued by the Director, Public Instructions (Schools), Punjab.

(2.) A perusal of the record that initially the petitioner was not allowed to join duty only on the ground that he had not passed Matric with Punjabi as one of the subjects. He challenged this by filing C.W.P. No. 2570 of 1998 which was disposed of by this court on 23.2.1998 with a direction to respondent No.2 to pass appropriate order on the issue of his appointment as well as posting as Science Master (Medical). The petitioner filed C.O.C.P. No. 434 of 1998 with the allegation of non-compliance of order dated 23.2.1998. During the pendency of contempt petition the respondent No.2 passed order dated 22.5.1998 rejecting the petitioner's claim for appointment on the ground that he does not possess the advertised qualifications. The petitioner has challenged this order on the ground of arbitrariness, mala fide and violation of his fundamental right to equality enshrined under Articles 14 and 16 of the Constitution.

(3.) In the short written statement filed by Parminder Kaur Aulkh, Assistant Director (S.A. -II) in the office of the Director. Public Instructions (Schools), Punjab, it has been averred that on the recommendations of the Committee constituted by the Department, order of appointment has been issued in favour of the petitioner on 22.9.1998.