IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Writ Petition No.16739 of 2007
Date of Decision: July 13, 2009
Barinder Kaur
.....PETITIONER(S)
VERSUS
State of Punjab & Others
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. Sunil Agnihotri, Advocate,
for the petitioner.
Ms. Charu Tuli, Senior Deputy
Advocate General, Punjab, for the
respondents.
. . . AJAI LAMBA, J (Oral)
This civil writ petition has been
filed under Article 226/227 of the Constitution
of India praying for issuance of a writ in the
nature of mandamus directing the respondents to
join the petitioner on the post of Science
Mistress in District Nawanshahar in pursuance of
letter dated 10.12.2006 (Annexure P-7).
Learned counsel contends that posts
of Science Mistress were advertised with the
CWP No.16739 of 2007 [2]
qualifications detailed in Annexure P-1. The
petitioner is M.Sc., B.Ed. and applied for the
same. Learned counsel further contends that after
the selection process was over, the petitioner
contacted the recruitment agencies. The
petitioner was informed that she has been
selected. Appointment letter was not issued. On
further enquiry, it was disclosed that
appointment letter was sent to the office of
District Education Officer, Hoshiarpur which,
however, was not forwarded to the petitioner/
served on the petitioner. The appointment letter
has been placed on record as Annexure P-7.
Learned counsel for the respondents
contends that the petitioner was not qualified
for the post as advertised. Learned counsel has
further drawn the attention of the Court towards
Annexure R-1 to contend that it is the admitted
case of the petitioner that she was not eligible
for appointment as she approached the Education
Secretary, Department of School Education, for
expansion of subjects of eligibility for
selection of Science Master/ Mistress.
Learned counsel has further drawn
the attention of the Court towards Annexure R-2/T
whereby the petitioner was informed about the
CWP No.16739 of 2007 [3]
eligibility criteria/ qualification required for
the said post.
I have considered the contention of
the learned counsel and have gone through the
documents to which reference has been made.
The Government of Punjab,
Department of School Education, for recruitment
by way of regular appointment of School Master/
Mistress (Science), laid the following
qualifications for being eligible:-
“5. Master/Mistress (Science)
1. B.Sc with BT or B.Ed senor Basic Trained with any
two of the four subjects in B.Sc namely Physics,
Chemistry, Botany and ZoologyOR
BA with mathematics “A” course and physical or
geography and Bt or B.Ed or senior basic trained.”
A perusal of the above indicates
that a candidate is required to pass B.Sc. with
BT or B.Ed senior basic trained with any two of
the four subjects in B.Sc. namely Physics,
Chemistry, Botany and Zoology.
It is the case of the petitioner
that she has done her M.Sc., however, in
Bio-Chemistry. It is the admitted case of the
petitioner that the petitioner has not done M.Sc.
in any of the two subjects mentioned in Annexure
P-1, namely Physics, Chemistry, Botony and
CWP No.16739 of 2007 [4]
Zoology. It seems that in view of these facts,
the petitioner made a representation vide
Annexure R-1 dated 24.4.2007, which reads as
under:-
“I beg to say that I have passed my B.Sc from
Nagpur University Nagpur (M.H) with the subject of
Chemistry, Bio-Chemistry and Microbiology. I have also
passed my B.Ed with Teaching of Chemistry and Teaching
of Biology from above university. I am fully eligible for
Science Teacher. The similar cases will be in thousands or
in lacs from various universities.
But in recent recruitment of Science Master by C-
DAC Mohali only those candidates were selected who
have passed any two subjects out of only four subjects
Physics, Chemistry, Botany and Zoology. A large number
of meritorious candidates were deprived because of this
narrow eligibility criteria.
Now, I want to request that these four subject based
Science is a very narrow field for science in the date of
today. So kindly expanding the field (Subjects) please
include Bio-chemistry, Micro Biology for the eligibility of
Science Master/Mistress. It is the question of future of a
large number of candidates.”
I am of the considered view that
the petitioner, by virtue of Anenxure R-1, admits
that she was not eligible because she sought
expansion of subjects of eligibility for
selection. The petitioner not having passed
B.Sc./ M.Sc. in two of the four subjects
mentioned above and not being eligible has no
right to selection and appointment. I further
find that the appointment letter was neither
issued nor served on the petitioner, therefore,
no right to appointment is created in favour of
the petitioner.
CWP No.16739 of 2007 [5]
In view of the above, the writ
petition is dismissed.
(AJAI LAMBA)
July 13, 2009 JUDGE
Avin
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?