IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 488 of 2009 DATE OF DECISION: August 19, 2009 Manish Kumar .........PETITIONER(S) VERSUS State of Punjab and Others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Amit Chopra, Advocate, for the petitioner. Mr. B.S. Chahal, DAG, Punjab. AJAI LAMBA, J. (ORAL) This civil writ petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to issue formal orders of posting to the petitioner to join as ETT teacher at Government Elementary School, Sector 1, Talwara, District Hoshiarpur. It has been pleaded that the petitioner has been selected and has been given a letter of appointment. It has further been pleaded that the persons lower in merit as compared to the petitioner have already joined duty at their respective places of posting. In brief, it has been pointed out by learned counsel for the petitioner that Director of Public Instructions, Elementary Education, Punjab i.e. Respondent no. 2 issued an advertisement dated 05.09.2007 for selection of 9998 posts of ETT Teachers. For Hoshiarpur district, 642 posts C.W.P. No. 488 of 2009 -2- were segregated. The petitioner applied in response to the advertisement being eligible and meritorious. It is the admitted position that the petitioner was selected and letter of appointment Annexure P-10 dated 14.04.2008 has been issued to the petitioner. It is further the admitted position that order Annexure P-12 was issued posting the petitioner in a school at Talwara, District Hoshiarpur. Despite such being the facts, the petitioner is not being allowed to join on the ground as taken in the written statement that the petitioner passed two year diploma course from Jammu & Kashmir, State Board of School Education. It was not clear to the respondents as to whether the diploma has been approved for appointment in the State of Punjab. It has been pleaded on behalf of the respondents that in case the Government of Jammu and Kashmir gives recognition to the course passed by the petitioner from that State, even the Government of Punjab would recognize the diploma course certificate. For the delay caused in allowing the petitioner to join, the reason assigned is that the facts are required to be verified as to whether Government of Jammu & Kashmir has recognized the Elementary Teacher Training Two year Diploma from State Board of School Education (Jammu & Kashmir). Learned counsel for the petitioner has asserted that the letter of appointment and posting cannot be kept in abeyance for indefinite period, the same having been issued more than a year back. Learned counsel for the respondent, however, states that without verification, the petitioner cannot be allowed to join. Learned counsel for the respondent, however, states that the verification would be done positively within two months from today. Considering the stand of the respondents, it is directed that in case C.W.P. No. 488 of 2009 -3- on verification, the respondent-State is satisfied with recognition of Jammu & Kashmir Government on the said course, the petitioner would be made to join forthwith. It is further directed that the respondents would consider allowing the petitioner to join at the place of posting subject to the condition that in case the course is not recognized by Jammu & Kashmir State Government, the letter of appointment would be withdrawn. Learned counsel for the petitioner has no dispute with the same and accepts the condition as proposed. The petition is disposed of with above observations and directions. 19.08.2009 (AJAI LAMBA) shivani JUDGE 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest?