CWP No.14636 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.14636 of 2008 (O&M) Date of Decision: 30.03.2010 **** Manju Kalia . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Kapil Kakkar, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner is working as a Science Mistress in the Education Department, Government of Punjab. She seeks a mandamus to direct the official respondents to consider her claim for promotion to the post of Lecturer in Mathematics. (2). It appears that the petitioner’s claim has not been considered for the reason that she possesses the academic qualification of M.Sc. Statistics instead of M.Sc. Mathematics. (3). The question that arises for consideration is as to whether or not the qualification of M.Sc. Statistics is CWP No.14636 of 2008.doc - 2 – equivalent to or can be treated at par with M.Sc. Mathematics for the purposes of promotion to the post of Lecturer in Mathematics? It appears that the Universities and State Governments are treating both the qualifications at par. Be that as it may, the aforesaid question falls within the domain of the subject experts. (4). Consequently, the writ petition is disposed of with a direction to the Principal Secretary to the Government of Punjab, Department of Education to constitute an Experts Committee comprising at least three Subject Experts, if already not constituted, and obtain its opinion on the above-mentioned issue and take appropriate decision with regard to the equivalence of the qualification within a period of two months from the date of receipt of a certified copy of this order. (5). Suffice it to say that if the Experts Committee recommends that the Teacher/Master(s) having qualification of M.Sc. Statistics can be considered eligible for promotion to the posts of Lecturer in Mathematics, the claim of the petitioner for his promotion shall also be considered forthwith but not later than two months thereafter. It is made clear that if the Department has already constituted an Expert Committee and the said Committee has given its CWP No.14636 of 2008.doc - 3 – opinion, the competent authority may take its final decision based thereupon and implement the same forthwith. (6). Ordered accordingly. (7). Dasti . (SURYA KANT) JUDGE 30.03.2010 vishal shonkar