L.P.A.No. 1089 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A.No. 1089 of 2010 Date of Decision:- 1.9.2010 Kamaljit Kaur and another Appellants . VERSUS State of Punjab and others Respondents CORAM : HON'BLE Mr. JUSTICE M.M.KUMAR. HON'BLE Ms. JUSTICE RITU BAHRI. Present: Mr.Kapil Kakkar, Advocate, for the appellants. 1. To be referred to the Reporters or not ? 2. Whether the judgment should be reported in the Digest ? RITU BAHRI,J. This Letter Patent Appeal has been filed against the judgment dated 26.4.2010 passed by Learned Single Judge. whereby he has dismissed the Civil Writ Petition. The petitioner had applied for the post of Director Physical Education for short (“DPE”) in L.P.A.No. 1089 of 2010 2 response to the advertisement dated 29.08.2007 (Annexure P-8). The following professional qualifications were prescribed for the advertised posts:- “ Graduate from a recognized University with training in Advance Physical Training Course Degree or Diploma” Undisputed fact is that the petitioner, after 10+2 examination, has passed three-years Degree Course in Bachelor of Physical Education from the Punjabi University (Annexure P-2) and that he does not possess a graduate degree like B.A., or BSC. The petitioner claimed that degree of Bachelor of Physical Education makes him eligible as per the qualification prescribed in the advertisement considering that the issue is settled, the learned Single Judge has placed reliance on a Division Bench Judgment of this Court in C.W.P.No. 8224 of 1997 titled as Prabhjit Singh Vs. State of Punjab and others, decided on 11.1.1999. In that case for post of DPE the qualification of graduation along with training in Advance Physical Training Course degree or diploma was considered to be necessary and for lack of graduation degree claim of that petitioner was rejected. Mr. Kapil Kakkar, Advocate, appearing for the appellants has vehemently argued that Bachelor of L.P.A.No. 1089 of 2010 3 Physical Education from Punjabi University is sufficient to make them eligible as per qualification prescribed in the advertisement. He argued that after doing DPE, appellant No.2 has also passed M.A. degree from the Punjabi University as per Annexure P-7. We have gone through the judgment of the learned Single Judge. Para No.7 of the judgment in Prabhjit Singh's case (Supra), is reproduced below:- “ However, what the District Selection Committee has done is to consider the candidature of those also who do not possess the academic qualification of graduation. The departmental representative stated before us that the candidates who have done BP Education after 10+2 have been treated eligible as per the instructions issued by the government but they could not explain as to how in the face of the express provisions contained in the rules, the candidates who do not have the basic qualification of graduation could be considered for appointment as Master/Mistress against the advertised post.” The facts of Prabhjit Singh's case (supra) are L.P.A.No. 1089 of 2010 4 similar to the facts of the appellants case. In the absence of graduation degree of the recognized University, the appellants are not eligible and their candidature has been rightly rejected for appointment. There is no merit in the Letter Patent Appeal and the same is dismissed. (M.M. KUMAR ) (RITU BAHRI) JUDGE JUDGE 01.09.2010 Anoop