CWP No.13444 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CWP No.13444 of 2009 Date of decision : 22.7.2011 Tamanna ........Petitioner Vs. State of Punjab through Secretary to Government of Punjab, Chd. and others .........Respondents CORAM : HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr.G.S.Bal, Advocate, for the petitioner Mr.Ram Lal Gupta, Addl.AG, Punjab --- RITU BAHRI, J (Oral) : The petitioner had sought appointment as JBT/ETT Teacher in District Gurdaspur. The petitioner has done her graduation from Guru Nanak Dev University, Amritsar in April 2002. Thereafter, she passed B.Ed examination from the same University in April 2003. She passed M.A. History examination from that very University in April 2005. On 5.9.22007 applications were invited by respondent No.2 for 9998 posts of ETT/JBT Teachers, out of which 945 posts were meant for District Gurdaspur. Out of 945 posts, 94 posts were reserved for Backward Class candidates and 47 posts meant for female category teachers. The last date for submission of the application forms was 30.9.2007. Preference was to be given to the candidates possessing the qualification of JBT/ETT with B.Ed followed by JBT/ETT and BA/B.Ed respectively. As per the merit list Annexure P-5, the last candidate who has been appointed as Teacher, has got 63.181 marks. Grievance of the petitioner was that she should have been allotted 5 marks for studying in rural area school as she was entitled for 5 marks as per the CWP No.13444 of 2009 -2- criteria mentioned in the advertisement dated 5.9.2007 Annexure P-4. As per the criteria these marks shall be given to those candidates who have passed both Middle and Matriculation examination from rural area school and by presenting the certificates they were entitled for this benefit. The petitioner had approached this Court by filing CWP No.2318 of 2009 in which directions were given to the respondents to consider her representations Annexures P-7 and P-8 and pass speaking orders. An order dated 16.4.2009 Annexure P-11 was passed that due to the operation of election code, she could not be issued appointment letter. Subsequently, District Education Officer rejected her case on the ground that the certificate given by the petitioner of rural area school Annexure R-2, is not sufficient to grant the benefit of 5 marks for the purpose of having studied in rural area school for two years. Whereas the categoric stand of the petitioner is that he had attached the certificate Annexure P-1 with the application form. In the written statement filed by the respondent-State reference has been made to order dated 10.3.2010 Annexure R-1. This order was passed in compliance of the High Court directions given in writ petition No.3218 of 2009 which was disposed of with the direction to consider the representation of the petitioner and pass speaking orders. In the representations, petitioner had made a prayer that she should be given 5 marks of rural school being a teaching fellow under the BC Female Category, as she has passed her middle and matriculation examinations from the school situated in rural area. The Selection Committee after verification of the certificates of the petitioner reduced 3.5 marks given to her for her experience whereas she was entitled to only one mark. She has served in the school after affiliation for a period of one year i.e. w.e.f. 1.4.2006, therefore, her experience will count only CWP No.13444 of 2009 -3- after the date of affiliation of the school. After deducting 3.5 marks her merit came out to 61.322 from 63.822. The petitioner did not fall under the purview of selection. The petitioner had not annexed her certificates regarding passing of her middle and matriculation examinations from the rural area. She had only annexed the certificate pertaining to the issue that the village Malikpur falls under the purview of rural area, therefore, she is not entitled to awarding of 5 marks. Heard learned counsel for the parties. From the facts of the above case, only point for consideration is whether the petitioner had entitled to count 5 marks which were to be awarded to a candidate who had passed middle and matriculation examinations from a school situated in a rural area. The petitioner has annexed Annexure P-1 rural school certificate issued by the Principal, Government Senior Secondary School, Malakpur, District Gurdaspur, showing that the petitioner has passed her 8th and 10th class examinations from Government High School, Malakpur, District Gurdaspur. This certificate has been duly counter signed by District Education Officer. The respondents have denied that this certificate was part of the application form. However, in their reply they have annexed Annexure R-2 rural area certificate, which was issued by the Sub Divisional Magistrate, Pathankot, stating that the petitioner was the bona fide resident of village Malikpur, Tehsil Pathankot, District Gurdaspur, which has been declared as a rural area by the Punjab Government. This rural area certificate Annexure R-2 is dated 10.6.2002. Even though the respondents have denied that they have received the rural area certificate alongwith the application form. It cannot be believed that when rural area certificate CWP No.13444 of 2009 -4- issued by Sub Divisional Magistrate Annexure R-2 was part of the application form, the contents of rural school certificate Annexure P-1 were not correct. Vide letter dated 16.4.2009, the petitioner had been informed by the then District Education Officer that she will be issued appointment letter after lifting of election Code. In the written statement, Annexure R-2 is being referred to as application form submitted by the petitioner whereas Annexure R-2 is the rural area certificate issued by Sub Divisional Magistrate on 10.6.2002. The application form of the petitioner has not been produced hence, adverse inference can be drawn against the respondents. Once the rural area certificate of village Malakpur, Tehsil Pathankot, District Gurdaspur was issued by the Sub Divisional Magistrate, there is no reason to disbelieve Annexure P-1 which states that petitioner had passed her 8th and 10th from village Malakpur, District Gurdaspur. By adding 5 marks in the marks obtained by the petitioner i.e. 61.322, her marks comes to 66.322. The last candidate in B.C. (Female) Category has got 62.040 marks and petitioner, thus, is in the merit by securing 66.322 marks. Accordingly, the writ petition is allowed. A direction is issued to the respondent to issue appointment letter to the petitioner for the post of JBT Teacher for which she is duly eligible as per her merit. The petitioner is also entitled to all consequential benefits. The above exercise will be completed within a period of four months from the receipt of certified copy of this order. (RITU BAHRI) JUDGE 22.7.2011 akm