Civil Writ Petition No. 10147 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 10147 of 2009 Date of decision:-22.7.2011 Meenu Rani ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. M.S. Sachdeva, Advocate for the petitioner. Mr. Ram Lal Gupta, Addl.A.G. Punjab. RITU BAHRI J.(Oral) This petition has been filed by the petitioner issuing directions to the respondent-department to consider the case of the petitioner for the post of Punjabi Mistress, who passed Punjabi as one of the subjects in B.A. and teaching of Punjabi in B.Ed as per statutory rules. Vide Public Appointments Notice dated 12.6.2006, the Subordinate Services Selection Board, Punjab sought applications for the posts of Punjabi Master/Mistresses in various subjects. Petitioner had applied for the said post of Punjabi Mistress in the category of scheduled castes (female). As per the criteria petitioner has obtained 129.79% marks. However, she was not selected and was not given the appointment letter on the ground that she has not passed Punjabi (compulsory) in B.A. As per the rules of the Punjab State Education Civil Writ Petition No. 10147 of 2009 -2- Class-III (School Cadre) Service (1st Amendment) Rules, 1995. The qualification for the post of Master/Mistress are given as below :- S.No. Designation of the post Minimum qualification and teaching experience Direct recruitment Promotion (75%) 3.(b) Punjabi Masters/Mistresses i) Graduate from a recognised University with Punjabi as a subject; ii) B.Ed. with teaching subject of Punjabi in B.Ed. 25.00% 75.00% This issue came up for consideration before this Court in Civil Writ Petition No.20234 of 2006 titled 'Mamta Banal and others versus State of Punjab and others' decided on 31.7.2007 by holding that the candidates who have done graduation with Punjabi as compulsory subject are also eligible to be appointed as Master/Mistress. After this judgment passed on 31.7.2007 (Annexure P-10), revised list of successful candidates was published i.e. (Annexure R-1) in which the petitioner's name was at Sr. No.45951 and she has secured 129.79% marks. As per the affidavit filed by the Secretary, Subordinate Services Selection Board, Punjab, Chandigarh dated 15.7.2011. the cut of marks in the female scheduled castes category for counseling on 13.11.2006 were 123.96. The candidates, who were not called on 13.11.2006 were again called for counseling on 20.11.2006 & 21.11.2006 vide Annexure R-2. The petitioner came up for counseling and she was allowed to submit her certificates. The original application form of the petitioner was not traced up and it has been mentioned in the affidavit that the petitioner's name could not be considered as her form was received late as per Annexure R-5. Since in the original list petitioner had been assigned at Sr. No. 45951, it cannot be believed that subsequently the original form was misplaced and petitioner was put in the category of having been applied beyond Civil Writ Petition No. 10147 of 2009 -3- two days. For the reasons recorded hereinabove, the instant petition is allowed. The respondents are directed to consider the claim of the petitioner for selection/appointment as Punjabi Mistress as if she was eligible. July 22, 2011 ( RITU BAHRI ) Vijay Asija JUDGE