CWP No.6663 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.7795 of 2011 & CWP No.6663 of 2011 Date of Decision : 01.06.2011 Sunil Kumar ... Petitioner versus State of Punjab & others ... Respondents CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Parvez Chugh, Advocate for the petitioner. Ms. Monica Chibber Sharma, DAG, Punjab. Mr. Gagandeep Singh, Advocate for respondents No.2 & 3. **** Augustine George Masih, J.(Oral) CM No.7795 of 2011 This is an application for placing on record the reply filed on behalf of respondents No.2 & 3. For the reasons mentioned in the application, same is allowed. Short reply filed on behalf of respondents No.2 & 3 is taken on record. CM stands disposed of. CWP No.6663 of 2011 The petitioner in pursuance of an advertisement in the newspaper dated 07.01.2010 applied for appointment to the post of Trained Graduate Teachers in Social Studies for Model Schools and Adarsh Schools in various districts in the State of Punjab on contract CWP No.6663 of 2011 -2- basis. The petitioner appeared in the written test held on 24.03.2010 and was called for counselling on 20.08.2010. On verification of the documents, the petitioner was allocated the station at Model School, Village Kaurian Wali, Tehsil Fazilka, Distt. Ferozepur on 18.10.2010. The petitioner was not issued an appointment letter and therefore submitted a representation dated 02.12.2010 for issuance of the appointment letter. A communication dated 21.02.2011 was sent to the petitioner rejecting his candidature on the ground that the petitioner had not passed the graduation level in English medium. It is at this stage, the present writ petition was filed by the petitioner challenging the decision dated 21.02.2011 (Annexure P-1). It is the contention of the counsel for the petitioner that as per the advertisement the requirement was that a candidate who has medium of instructions as English at Graduate or Post Graduate level in all the subjects except in the case of post of Language Teacher would be eligible for consideration and need apply. The petitioner in his post graduation, which is in the subject of Social Science, had medium of instruction as English and the same was the medium in B.Ed. course as well. Accordingly, he states that the decision dated 21.02.2011 rejecting the claim of the petitioner cannot be sustained as the petitioner fulfills the requirement of the advertisement. Counsel for the respondents, on the other hand, submits that the petitioner was required to pass his graduation level with English medium which admittedly the petitioner does not have and he tries to explain that the post graduation level medium of English was relevant and applicable to only to the posts where the minimum qualification was Master degree. However, he is unable to explain as to CWP No.6663 of 2011 -3- why the word 'or' was used in the advertisement between graduate and post graduate. I have considered the arguments of both the counsel and am of the view that the present writ petition deserves to be allowed. A perusal of the advertisement (Annexure P-2) makes it clear that the candidates, whose medium of instructions is English at Graduate or Post Graduate level in all subjects, were eligible for consideration of appointment to the posts advertised. It was not specified that the said qualification and the medium of English was with regard to the eligibility criteria of the degree for which the posts were advertised. The relevant portion of the advertisement reads as follows: “ x x x x x ● Medium of instruction is all Model and Adarsh Schools will be in English. Only those candidates should apply who are capable of teaching in English medium. x x x x x ● It is clarified that only those candidates need to apply whose medium of instructions has been English at Graduate or Post Graduate level in all the subjects. x x x x x ● Corrigendum to advertisement published in various newspapers on 07.01.2010. (i)B.Ed. is not required for PGT (Computer) Teacher Post. (ii)It is clarified that only those candidates need to apply whose medium of instructions has been English at Graduate or Post Graduate level in all the subjects except in the case of post of Language Teacher which will be subjected to verification.” A perusal of the above would leave no manner of doubt that CWP No.6663 of 2011 -4- the intention was that a teacher must be capable of teaching the subject in English medium and for that the medium of instruction has to be English at the Graduation or the Post Graduation level. As it is an admitted position that the medium of instruction of the petitioner was English at the Post Graduate level as well in the B.Ed course, the petitioner was eligible for consideration and on his selection was entitled for appointment to the post of Social Studies. In view of the above, the impugned order dated 21.02.2011 (Annexure P-1) is hereby quashed. Direction is issued to respondent No.2 – Director, General School Education Punjab Rashtriya Madhymik Siksha Abhiyan Authority to issue an appointment letter to the petitioner within a period of three days from the date of receipt of certified copy of this order. Copy of this order be given dasti to the counsel for the petitioner under the signatures of the Court Secretary of this Court. June 01, 2011 (Augustine George Masih) sonia Judge