IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.16739 of 2007 Date of Decision: July 13, 2009 Barinder Kaur .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Sunil Agnihotri, Advocate, for the petitioner. Ms. Charu Tuli, Senior Deputy Advocate General, Punjab, for the respondents. . . . AJAI LAMBA, J (Oral) This civil writ petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to join the petitioner on the post of Science Mistress in District Nawanshahar in pursuance of letter dated 10.12.2006 (Annexure P-7). Learned counsel contends that posts of Science Mistress were advertised with the CWP No.16739 of 2007 [2] qualifications detailed in Annexure P-1. The petitioner is M.Sc., B.Ed. and applied for the same. Learned counsel further contends that after the selection process was over, the petitioner contacted the recruitment agencies. The petitioner was informed that she has been selected. Appointment letter was not issued. On further enquiry, it was disclosed that appointment letter was sent to the office of District Education Officer, Hoshiarpur which, however, was not forwarded to the petitioner/ served on the petitioner. The appointment letter has been placed on record as Annexure P-7. Learned counsel for the respondents contends that the petitioner was not qualified for the post as advertised. Learned counsel has further drawn the attention of the Court towards Annexure R-1 to contend that it is the admitted case of the petitioner that she was not eligible for appointment as she approached the Education Secretary, Department of School Education, for expansion of subjects of eligibility for selection of Science Master/ Mistress. Learned counsel has further drawn the attention of the Court towards Annexure R-2/T whereby the petitioner was informed about the CWP No.16739 of 2007 [3] eligibility criteria/ qualification required for the said post. I have considered the contention of the learned counsel and have gone through the documents to which reference has been made. The Government of Punjab, Department of School Education, for recruitment by way of regular appointment of School Master/ Mistress (Science), laid the following qualifications for being eligible:- “5. Master/Mistress (Science) 1. B.Sc with BT or B.Ed senor Basic Trained with any two of the four subjects in B.Sc namely Physics, Chemistry, Botany and Zoology OR BA with mathematics “A” course and physical or geography and Bt or B.Ed or senior basic trained.” A perusal of the above indicates that a candidate is required to pass B.Sc. with BT or B.Ed senior basic trained with any two of the four subjects in B.Sc. namely Physics, Chemistry, Botany and Zoology. It is the case of the petitioner that she has done her M.Sc., however, in Bio-Chemistry. It is the admitted case of the petitioner that the petitioner has not done M.Sc. in any of the two subjects mentioned in Annexure P-1, namely Physics, Chemistry, Botony and CWP No.16739 of 2007 [4] Zoology. It seems that in view of these facts, the petitioner made a representation vide Annexure R-1 dated 24.4.2007, which reads as under:- “I beg to say that I have passed my B.Sc from Nagpur University Nagpur (M.H) with the subject of Chemistry, Bio-Chemistry and Microbiology. I have also passed my B.Ed with Teaching of Chemistry and Teaching of Biology from above university. I am fully eligible for Science Teacher. The similar cases will be in thousands or in lacs from various universities. But in recent recruitment of Science Master by C- DAC Mohali only those candidates were selected who have passed any two subjects out of only four subjects Physics, Chemistry, Botany and Zoology. A large number of meritorious candidates were deprived because of this narrow eligibility criteria. Now, I want to request that these four subject based Science is a very narrow field for science in the date of today. So kindly expanding the field (Subjects) please include Bio-chemistry, Micro Biology for the eligibility of Science Master/Mistress. It is the question of future of a large number of candidates.” I am of the considered view that the petitioner, by virtue of Anenxure R-1, admits that she was not eligible because she sought expansion of subjects of eligibility for selection. The petitioner not having passed B.Sc./ M.Sc. in two of the four subjects mentioned above and not being eligible has no right to selection and appointment. I further find that the appointment letter was neither issued nor served on the petitioner, therefore, no right to appointment is created in favour of the petitioner. CWP No.16739 of 2007 [5] In view of the above, the writ petition is dismissed. (AJAI LAMBA) July 13, 2009 JUDGE Avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?