High Court Punjab-Haryana High Court

Barinder Kaur vs State Of Punjab & Others on 13 July, 2009

Punjab-Haryana High Court
Barinder Kaur vs State Of Punjab & Others on 13 July, 2009
 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 Zoology

OR

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?