High Court Punjab-Haryana High Court

Civil Writ Petition No.17187 Of … vs State Of Punjab & Others on 7 July, 2009

Punjab-Haryana High Court
Civil Writ Petition No.17187 Of … vs State Of Punjab & Others on 7 July, 2009
 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH



                                    Date of Decision: July 07, 2009
1.                         Civil Writ Petition No.17187 of 2007


Santosh
                                                   .....PETITIONER(S)

                               VERSUS


State of Punjab & Others
                                                  .....RESPONDENT(S)

. . .

2. Civil Writ Petition No.17167 of 2007

Suman
…..PETITIONER(S)

VERSUS

State of Punjab & Others
…..RESPONDENT(S)

. . .

CORAM: HON’BLE MR. JUSTICE AJAI LAMBA

PRESENT: – Mr. Hari Pal Verma, Advocate, for
the petitioner.

Ms. Charu Tuli, Senior Deputy
Advocate General, Punjab, for
respondent Nos.1 and 2.

Mr. Suresh Goel, Advocate, for
respondent No.5 (in CWP No.17167
of 2007).

Mr. Charanjit Sharma, Advocate,
for respondent Nos.7 and 23 (in
CWP No.17187 of 2007).

                None     for                the       remaining
                respondents.

                           .     .      .
 CWP No.17187 of 2007                                      [2]




AJAI LAMBA, J (Oral)

                   This     order        shall    dispose         of     two

petitions viz. Civil Writ Petition No.17187 of

2007 titled `Santosh vs. State of Punjab &

Others’ and Civil Writ Petition No.17167 of 2007

titled ‘Suman Lata vs. State of Punjab & Others’

as they involve similar questions of law and

facts.

For reference, Civil Writ Petition

No.17187 of 2007 is taken up.

Santosh wife of Surjit Kumar has

approached this Court by way of filing this civil

writ petition under Article 226/227 of the

Constitution of India praying for issuance of a

writ in the nature of certiorari quashing

selection (Annexure P-8) for the post of Cutting,

Tailoring and Embroidery Instructor. Prayer has

also been made for issuance of a writ in the

nature of mandamus directing the respondents to

consider the candidature of the petitioner for

the said post while considering her experience

with the Government Polytechnic College, Mohali.

Detailed facts need not be noticed

in so much as the only issue raised by learned

counsel for the petitioner is that in response to

the Advertisement (Annexure P-5), the petitioner
CWP No.17187 of 2007 [3]

furnished all the required documents. It has not

been disputed by learned counsel for the

respondents that the petitioner is having the

relevant qualification. The only dispute raised,

as per the admitted case, is in regard to

experience of the petitioner which was a

condition given out in the Advertisement itself.

So as to cut short the issue, relevant portion of

Advertisement (Annexure P-5) reads as under:-

“iii) Should possess atleast two years practical
experience in an organization registered under the
Factories Act 1948 or atleast two years teaching
experience in the line in a Government Institution or an
Institution recognized by the Government.”

The case of the petitioner is that

in view of the latter part of the above extracted

portion, the petitioner furnished Certificate

dated 24.11.2006 (Annexure P-4) which completely

satisfies the condition of eligibility for the

said post.

The case of the respondents to the

contrary is that the certificate (Annexure P-4)

is wholly inadequate as it does not disclose the

number of days served in a week by the petitioner

or number of hours served by the petitioner in a

day. In this view of the matter, it is the

contention of learned counsel for the respondent-

State that stand of the respondents in rejecting

the candidature of the petitioner cannot be
CWP No.17187 of 2007 [4]

faulted with.

I have considered the contentions

of learned counsel.

Other than the extracted portion

above, Para 10 of the Advertisement is also

relevant to be considered which reads as under:-

“10. Pay must be mentioned in the experience certificate,
without pay experience will not be accounted for.
Experience certificate issued by any private firm/concern
must be verified by the shop/labour Inspector of the area
concerned. Experience Certificate issued by private or
recognized/affiliated educational institutions must be
verified by the concerned District level officer.”

It transpires that the respondents

had made it clear that pay must be mentioned in

the experience certificate and without pay,

experience would not be accounted for.

                   Certificate                  (Annexure                 P-4)

furnished       by        the     petitioner           disclosed            the

following:-

“This is to certify that Ms.Santosh W/o Surjit Kumar
resident of House No.376, Ward No.10, Near Khera,
Morinda, Distt. Ropar is working as Instructor (Cutting
and Tailouring) in Community Polytechnic Wing of this
Institution from 13.7.2000 to 26.4.2001 and 1.9.01 to till
date on hourly basis (Rs.15/- per hour).”

The Certificate only mentions

remuneration paid to the petitioner per hour. It

does not disclose as to how many hours a day the

petitioner worked and the exact remuneration paid

to the petitioner, per month.

The condition imposed in regard to

the practical experience requires two years
CWP No.17187 of 2007 [5]

teaching experience in the line in a Government

Institution or an Institution recognised by the

Government. The Certificate, Annexure P-4, might

disclose that petitioner served for two years but

it does not disclose as for how many days in a

week the petitioner worked or for how many hours

each day the petitioner served. If the petitioner

had been working only 2-3 hours a day and

infrequently, surely she did not fulfil the

required experience criteria. The Certificate is

inadequate in relevant contents. It does not

disclose the practical experience of the

petitioner. Practical experience is a relevant

criteria for giving employment on the post.

Certificate (Annexure P-4) does not detail the

work experience as required. In view of the

above, the argument addressed by the learned

counsel for the petitioner that Certificate,

Annexure P-4, satisfies the conditions laid in

the Advertisement, cannot be accepted.

In Civil Writ Petition No.17167 of

2007, the certificate furnished by the petitioner

has been placed on record as Annexure P-5. The

certificate does not even give out the

remuneration paid to the petitioner on hourly

basis and therefore, is even more sketchy. In my

considered opinion, it does not satisfy the
CWP No.17187 of 2007 [6]

condition contained in Para 10 of the

Advertisement read in conjunction with sub-para

iii) that has been extracted above in earlier

part of the order.

In view of the above, I do not find

any ground to interfere with the action of the

respondents.

The petitions are dismissed.


                                           (AJAI LAMBA)
July 07, 2009                                 JUDGE
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