CWP No.1652 of 2011 1 In the High Court for the States of Punjab and Haryana at Chandigarh … CWP No.1652 of 2011 Date of decision: May 10, 2011 Gulshan and others ..Petitioners. Versus State of Punjab and others ..Respondents Coram: Hon'ble Mr.Justice Permod Kohli Present: Ms. Niti Wadhawan, Advocate for the petitioners. Ms. Anu Pal. AAG, Punjab for the respondents ... Permod Kohli,J.(Oral) The Department of Rural Development and Panchayats Punjab issued advertisement published in local newspaper on 5.9.2007 inviting applications for filling up of 569 posts of Primary Teachers in Primary Schools. These posts were transferred by Education Department to the Zila Parishads. The qualifications prescribed included educational qualification and diploma in Elementary Teachers Training from recognized institutions. The petitioners applied in response to the aforesaid advertisement for their selection/appointment to the posts of Elementary Teacher claiming to be eligible. The petitioners have obtained Diploma in Elementary Teacher Training from J & K State Board of School Education. All the petitioners were selected. However, they were declined appointment on the ground that the diploma acquired by them from J&K State Board is not recognized in the State of Punjab. The petitioners have placed on record letter dated 1.3.2003 issued by the J&K tate Board of School Education Board to various boards and universities. It is CWP No.1652 of 2011 2 communicated that the Board is a statutory organization established under the J&K State Board of School Education Act 1975. The Board conducts examination for Elementary Teacher Training. It is further stated that two years Diploma in Elementary Teacher Training is recognized by all the Boards including Punjab School Education Board. On the basis of the aforesaid circular it is contended on behalf of the petitioners that they are all eligible and thus the action of the respondents in declining appointment to them is totally illegal. A similar question also came to be considered by this Court in judgment dated 16.07.2009 passed in bunch of writ petitions including CWP No. 19745 of 2008 titled Rajender Singh and others Vs. State of Punjab and others. This Court had made following observations:- “Learned counsel for the respondent-State has pointed out that a decision has been taken on 31.03.2009 that Elementary Teachers Training Course passed from Jammu & Kashmir will be recognized in the State of Punjab, only if the course is also recognized by Jammu & Kashmir Government. In this regard, some of the candidates who had passed the course from the State of Jammu & Kashmir can be considered if the Institution from where they have passed is duly approved by that Government. The decision taken by the respondents as on 31.3.2009 has been filed in Court which is taken on record.” In view of the above observations and on the basis of decision taken by the State of Punjab, the petitioners are entitled to be considered for appointment on the basis of their merit in the selection process. Let the claim of the petitioners be considered for appointment in view of their selection and consequential order be passed within a period of one month CWP No.1652 of 2011 3 from the date of receipt of certified copy of this order. Writ petition stands disposed of. May 10,2011 (PERMOD KOHLI) nk JUDGE