Civil Writ Petition No.5713 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5713 of 2008 Date of decision: April 04, 2008 Kurshaid Khan … Petitioner Versus Punjab School Education Board … Respondent CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Harinder Sharma, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA , J. Petitioner had earlier filed Civil Writ Petition No. 2662 of 2005 (Annexure P-5) Sunita Rani vs. State of Punjab and others, which was disposed off by this Court on February 17, 2005 with a direction to decide the representations taking into account the regularization policy of the State. On 06.04.2005, vide Annexure P-6, the representation of the petitioner was decided and it was held that the case of the petitioner for regularization cannot be considered as there is ban on recruitment, however the board, through a resolution in a meeting held on 12th January, 2000 decided that employees appointed on contract basis be paid in lumpsum the minimum of the pay. Civil Writ Petition No.5713 of 2008 2 Petitioner has further prayed that advertisement (Annexure P-7) be quashed, wherein for the post of Senior Laboratory Attendant, qualification of higher secondary in 1st division along with the relevant subjects and preference to B.A., B.Sc., B.Ed. has been prescribed. Case of the petitioner is that this is contrary to the rules which prescribe qualification of Matric with Science subject. Therefore, in advertisement prescribing of higher qualification is bad. Applications for 19 posts of Senior Lab Attendants have been invited vide advertisement (Annexure P-7). In the advertisement by stating that only 1st Divisioners are eligible and preference shall be given to B.A., B.Sc. and B.Ed., respondents are rightly restricting the competition. It is common knowledge that for the 19 posts if 1st Division had not been insisted upon and only applications would have been demanded for Matric with science subject, the respondents would have been flooded with the applications, the number of which would have gone into lakhs. Therefore, to ensure fair competition and excellence, respondents are well within their rights to say that only 1st Divisioners should apply and preference will be given to B.A., B.Sc. and B.Ed. so that expectation of all those matriculates with science subject is not aroused. It is not a case of lowering the qualification. Therefore, we do not find any merit in the present writ petition and the same is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE [ASHUTOSH MOHUNTA] JUDGE April 04, 2008. rps