CWP No.11758 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.11758 of 2008 Date of Decision: 26.04.2010 **** Harkesh Kaur . . . . Petitioner VS. State of Punjab and another . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Dr. M.L. Sachdeva, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). This order shall dispose of CWPs No.11758, 11761, 11812, 11898, 11854, 11857 & 19308 of 2008 as common issues are involved in these cases. For brevity, the facts are being extracted from CWP No.11758 of 2008. CWP No.11758 of 2008.doc - 2 – (2). The petitioner seeks a mandamus to direct the respondents to appoint her to the post of Director Physical Education (DPE) on the basis of qualification of Bachelor of Physical Education passed by her from Punjabi University. She also seeks a declaration of equivalence of the said qualification with B.P. Ed./D.P. Ed. (3). The uncontroverted facts are that the petitioner applied for the post of ‘Education Service Providers’ in the subject of Physical Training Master/Mistresses (DPE) in response to the advertisement dated 29.08.2007 (Annexure P8) in which 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” (4). The other undisputed fact is that the petitioner, after 10+2 examination, has passed three-year Degree Course in Bachelor of Physical Education from the Punjabi University (Annexure P2). (5). The solitary question that arises for consideration is as to whether or not the petitioner possesses the requisite academic/professional qualification as per the advertisement reproduced above? The petitioner asserts CWP No.11758 of 2008.doc - 3 – that she has obtained Degree in Physical Education and being a Graduate in Physical Education, she is fully eligible as per the advertised qualification(s). (6). However, the respondents maintain that besides Degree or Diploma in Physical Training Course, the candidate is also required to be “Graduate” from a recognized University. (7). Somewhat similar controversy came up for consideration before a Division Bench of this Court in CWP No.8224 of 1997 titled as Prabhjit Singh vs. State of Punjab and others decided on January 11, 1999 and while holding that in addition to Degree/Diploma in Physical Training Course, the candidate was also required to be a Graduate to become eligible for appointment to the post of DPE, the Bench ruled as follows:- However, before concluding, we deem it appropriate to record our clear disapproval of the manner in which the District Selection Committee, Patiala conducted itself while making selection. Perusal of the record containing the determination of percentage of the marks secured by the candidates in the basic and the training qualifications and the assessment of their performance in the viva voce leaves much to be desired. The list prepared by the District Selection Committee, Patiala is full of cuttings, over writings and interpolations. Even the grading done at the time of viva voce has left a very unhappy impression on our mind. All this has been compounded with an apparently grave error committed by the committee in CWP No.11758 of 2008.doc - 4 – considering the candidature of those who do not possess the basic qualification of graduation. So far as the recruitment rules are concerned, the qualifications prescribed for appointment on the post of Master/Mistress is graduate from a recognized university with training in advance physical training course degree or diploma. The qualifications specified in the advertisement were BA and D.P.Ed. from any recognized institution of Punjab Government. Therefore, the academic qualification of graduation and training qualification in physical education (degree or diploma) are the essential qualifications which a candidate must possess to be considered for appointment as Master/Mistress in DP Education. 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 representatives 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. We, therefore, deem it appropriate to direct the respondents No.1 and 2 to scrutinize the recommendations made by the District Selection Committees and bring the select list in conformity with the rules. (Emphasis applied) (8). Admittedly, the petitioner does not possess “Graduation” before completing Degree/Diploma in Physical Education Course. She cannot, thus, be treated eligible for the advertised post as held by this Court in Prabhjit Singh’s case (supra). CWP No.11758 of 2008.doc - 5 – (9). For the reasons afore-stated, I do not find any merit in this writ petition, which is accordingly, dismissed. (SURYA KANT) JUDGE 26.04.2010 vishal shonkar