NEELAM GUPTA Vs. JAGDEEP KOUR

JUDGEMENT

(1.) LPASW No. 291/2002 CMA Nos. 314/2003 and 161/2006 c/w LPASW No. 330/2002 LPASW No. 341/2002 Three writ petitions were disposed of by one common judgment against which three letters patent appeals have been filed. These appeals have been considered and are being disposed of by this common judgment. Respondents/writ petitioners in whose favour judgement have been passed in the year 2002 have yet to reap the benefits accrued thereunder.

(2.) IN the year 1996-97, posts of Physical Education Teachers were advertised by the appellant-Board wherein and whereunder candidates possessing prescribed qualifications were informed to file application forms to seek consideration for being selected and appointed on the said post. The selections made by the appellant-Board in different districts were called in question in writ petitions which were disposed of by the common judgment by the learned writ court, which are the subject matter of these appeals.

(3.) LEARNED counsel for the respondents/writ petitioners submitted that not only criterion fixed was illegal, inasmuch as, in identical circumstances, Division Bench of this court in LPA(SW) No. 364/1999 titled Balwinder Kour v. State of J&K an ors. decided on 18th October'99, amongst others, also observed that a person possessing B.Ed. degree is entitled to have the additional benefits of same in comparison to the candidates, who lack the said qualification. It was further contended that learned writ court while relying upon the Division Bench judgment in Kuldeep Raj's case accordingly directed that a candidate possessing B.P. Ed. Degree is entitled to get preference over a diploma holder. LEARNED counsel further submitted that appellant-Board after initiating the selection process and after nominating members of selection committee could not change the composition of the same. LEARNED counsel submitted that merit of the some of the candidates was adjudged by the committee having one composition and merit of other candidates was adjudged by the selection committee having different composition, inasmuch as, one of the committee member was replaced by another member. LEARNED counsel further submitted that writ petitioners/respondents have been arbitrarily denied benefits of the judgment, and during the pendency of the proceedings before this court some of them have turned over age.