Civil Writ Petition No. 19316 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 19316 of 2008 Date of decision:-12.7.2011 Anupreet Kaur ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. R.K. Singla, Advocate for the petitioner. Mr. Puneet Gupta, Addl.A.G. Punjab for respondent No.1. Mr. A.P.S. Mann, Advocate for respondent Nos.2 and 3. Mr. Anil Malhotra, Advocate for respondent No.5. RITU BAHRI J.(Oral) The petitioner is seeking writ of certiorari for quashing of order dated 23,10.2008 (Annexure P-11) vide which the petitioner has been informed that she cannot be allowed to join on the post of Computer Teacher. After being duly selected the petitioner is seeking payment of salary w.e.f. 14.8.2008. The petitioner was duly selected as Computer Teacher in pursuance to the advertisement issued by the Punjab Information & Communication Technology Education Society for filling up of 1500 posts of Computer Teacher on a lump sum of Rs.7000/- per month. The appointment letter was issued on 14.8.2008 and she was posted at District Mansa. She was not allowed to join on the ground that she does not fulfil the prescribed Civil Writ Petition No. 19316 of 2008 -2- qualification. Petitioner is B.Sc in computer science from Ludhiana, which is affiliated with the Punjab University, Chandigarh. Mr. Singla, counsel for the petitioner has vehemently argued that respondent No.4 was not the recruiting agency and was not competent to commend that petitioner had not B.Sc Computer Science. He has referred to the Result-cum-Detailed Mark Certificate (Annexure P-3) issued by the Punjab University, Bachelor of Science First Year (General) to show that she had studied Physics, Mathematics, Punjabi and Computer Science as main subjects in all the three years and she has passed her B.Sc Computer Science in 1st division. The petitioner was fully eligible as per Annexure P-7 dated 21.4.2008 whereby the applications were invited. As per the advertisement she was required to have three years' Diploma in Computer Science or BCA or B.Sc (IT/CS/Internet Science) of BIT or B-Level of DDEACC or BE/B-Tech (IT/Computer Science) or MCA or M.Sc (IT/Computer Science/Software/Software System) or MIS or MIT or M.Tech (Computer Science) or its equivalent/Higher with at least 50% marks. The petitioner was informed vide Annexure P-11 by respondent No.4 that the qualification of B.Sc General is not entered in the approved list of Board of Governors provided by the Head Office. The guidance was sought from the Head office in which Board of Governors approved qualification only those computer teachers have been allowed to join. Mr. Singla has led much stress on the fact that even though she has been awarded degree of B.Sc General, she has studied one elective subject as Computer Science alongwith Physics and Mathematics and this degree can be treated as B.Sc Computer Science for all intents and purposes. Mr. Anil Malhotra, Advocate for respondent No.5 i.e. the Registrar has argued that there is no provision in the Punjab University Calender Volume-II 2005 to award a B.Sc (Computer Science) Degree, accordingly Bachelor of Civil Writ Petition No. 19316 of 2008 -3- Science (General) Degree was awarded to the petitioner. The Punjab University offers B.Sc (General) or B.Sc (honors) Course besides a Bachelor of Computer Application Course. The petitioner did not enroll in the Bachelor of Computer Applications or Bachelor of Applications (honors). In the B.Sc (General) the petitioner is entitled to a degree of B.Sc Computer (General) and not B.Sc (Computer Science) Degree. Mr. A.P.S. Mann, counsel appearing for respondent Nos.2 and 3 has vehemently argued that the petitioner did not possess the requisite qualification i.e. B.Sc (Computer Science/IT) and she is B.Sc (General). She has applied by projecting herself as B.Sc (Computer Science). Interestingly, the application made by the petitioner has not been placed on record and as per that application form, she was B.Sc (Computer Science). When her documents were checked at the time of joining, it was found that she was not possessing the requisite qualification as per the stand taken by the Punjab University. It has been clarified that she was not awarded the Degree of B.Sc (Computer Science) rather she has been awarded the Degree of B.Sc (General). The Punjab University offers a separate course of Computer Applications i.e. Bachelor of Computer Applications. If the petitioner had a Degree in Bachelor of Computer Applications, she would have been eligible to be appointed as Computer Teacher. Since the Punjab University does not offer any Degree in B.Sc (Computer Science), the petitioner was not eligible to be appointed as Computer Teacher. No merits. Dismissed. July 12, 2011 ( RITU BAHRI ) Vijay Asija JUDGE