IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No. 18437 of 2007 DATE OF DECISION : AUGUST 19, 2009 SATVEER KAUR ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Vivek Sharma, Advocate, for the petitioner(s). Ms. Charu Tuli, Senior DAG, Punjab. AJAI LAMBA, J. (Oral) Satveer Kaur has filed this petition under Articles 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing respondents No.1 to 4 to issue letter of appointment to the petitioner as ETT Teacher in Scheduled Castes (Female) category. It has been contended that the petitioner is higher in merit than respondents No.5 and 6, who have been appointed de-hors the merit. It has been pleaded that posts of ETT Teachers were Civil Writ Petition No. 18437 of 2007 2 advertised. For District Sangrur, 94 posts were to be filled up by selection process. 12 posts were reserved for Scheduled Castes (Female) category. The petitioner, being eligible, applied for the post. It has been pleaded that the petitioner has 129.11 merit marks as against respondents No.5 and 6, who are lower in merit; respondent No.5 having 129.03 merit marks and respondent No.6 having 128.17 merit marks. Considering the claim of the petitioner, notice of motion was issued. Short reply on behalf of respondents No.1 and 2, by way of affidavit of Shri Gurdev Singh Sidhu, Director, Rural Development and Panchayats, Punjab, has been filed in Court today, which is taken on record. The stand taken by respondents No.1 and 2 is that after considering the marks for internal assessment of the petitioner, the petitioner is higher in merit as compared to respondent No.6. While respondent No.6 has 128.16 merit marks, the petitioner has 129.11 marks. The details of calculation have been given in para-1 of the short reply, which are to the following effect:- “1. That the petitioner applied for the post of ETT Teacher in the year 2007 with the overall merit of 126.83. This merit was a combined total of her total marks scored in the B.A. and B.Ed. examination. The petitioner obtained 1448 marks out of 2400 marks in the B.A. and her percentage was 60.33%. Similarly, she obtained 665 marks out of 1000 marks in the B.Ed. Examination and her percentage was 66.50%. Thus, the total merit of the petitioner was calculated at 126.83. In this merit the 126 marks of internal assessment which were obtained out of Civil Writ Petition No. 18437 of 2007 3 150 marks were not added. If these marks are added then the merit of the petitioner will be 129.11.” Learned counsel for the respondent-State, on instructions from Shri Parveen Kumar, Secretary, Zila Parishad, Sangrur, states that in view of the merit position of the petitioner, the case of the petitioner would be considered for selection and appointment. It has further been stated on behalf of the respondent-State that in view of the availability of posts, respondents No.5 and 6 would also be retained in service. In view of the stand taken by the respondent-State, this petition is disposed of. August 19, 2009 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?