C.W.P. No. 13883 of 2011 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 13883 of 2011 Date of Decision: Aug. 10, 2011 Harjit Kaur ............................................ Petitioner Versus State of Punjab and others ................... Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Ms. Alka Chatrath, Advocate for the petitioner. ... RITU BAHRI, J. (Oral) Pursuant to Advertisement No. 1/October, 2006 published on 21.10.2006 the petitioner had applied On-line application complete in all respects. Petitioner had gone for the scrutiny of her documents and the Committee refused to accept the same on the ground that petitioner was having the qualification of B.P.Ed. and was not eligible for the post. The petitioner's merit was on No. 63.365 and the last candidate in the General category was with merit No.50.778. C.W.P. No. 13883 of 2011 [ 2 ] The petitioner had approached this Court by filing C.W.P. No. 18215 of 2006 titled Harjit Kaur v. State of Punjab. This writ petition came up for hearing on 17.11.2006 whereby the petitioner was permitted to submit her documents for scrutiny. However, she was not selected. The writ petition was disposed of on 18.7.2007 in view of the stand taken by the Director Public Instructions that petitioner was not eligible. Thereafter, a Full Bench of this Court examined the eligibility of all the candidates who were possessing the qualification of BPE/B.P.Ed./M.P.Ed. and whose claims were rejected by the Department for the post of PTI teacher and by judgment dated 27.7.2010 it has been held that all the candidates having the aforesaid qualification be considered for the post of PTI teacher. Pursuant to judgment of Full Bench, notice was published in newspapers on 23.5.2011 calling upon the candidates possessing the qualification of 10+2 and two years Certificate in Physical Education for counseling. The counseling was held from 8.7.2011 to 11.7.2011. The petitioner could not attend this counseling due to health problem. She approached the authorities on 21.7.2011 but was not entertained on the ground that the counseling has since concluded and the preparation of final result is going on. On notice, short affidavit has been filed by the Deputy Director (School Administration) stating that in C.W.P. No. 13883 of 2011 [ 3 ] pursuance to the Full Bench judgment of this Court in C.W.P. No. 451 of 2008, vide notice dated 22.6.2011 (Annexure P11) they had invited applications for Physical training Instructors only of those candidates who are not considered on account of their higher qualification. This was the last opportunity for counseling. Heard learned counsel for the parties. After going through the facts, this Court is of the opinion that the petitioner was at merit No.63.365 when she had applied against the Advertisement published on 21.10.2006 and has been consistently pursuing her case for being considered for the post of PTI teacher. Due to unavoidable reasons, she could not attend the counseling from 8.7.2011 to 11.7.2011. Her papers have been scrutinized in pursuance to the decision of this Court in C.W.P. No. 18215 of 2006 on 18.7.2007. This writ petition is being allowed by directing the respondents to consider her application along with her Certificates as a candidate for the post of PTI teacher in pursuance to the notice dated 22.6.2011. Petitioner will appear on 12.8.2011 before respondent No.2. 10.8.2011 ( RITU BAHRI ) Rupi JUDGE