CWP No. 17984 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 278 of 2010 and CWP No. 17984 of 2008 Date of Decision: 13.1.2010 Dr. A.P. Singh ....Petitioner. Versus State of Punjab and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Rajiv Atma Ram, Senior Advocate with Ms. Dipika, Advocate for the petitioner. Mr. S.K. Bhanot, Additional Advocate General, Punjab, for respondent No.1. Mr. R.N. Raina, Advocate with Mr. Daman Dhir, Advocate for respondent No.2. Mr. Gurminder Singh, Advocate for respondent No.3. Mr. S.K. Sharma, Advocate for respondent No.4. AJAY KUMAR MITTAL, J. C.M. No. 278 of 2010 This is an application under Section 151 of the Code of Civil Procedure for placing on record the affidavit of Swarna Ram, Chairman Board of Governors, Shaheed Bhagat Singh, College of Engineering and Technology, Ferozepur-cum-Minister for Technical Education and Industrial Training, Punjab. The affidavit filed along with the application is taken on CWP No. 17984 of 2008 -2- record. CM stands disposed of accordingly. CWP No. 17984 of 2008 In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 7.10.2008 (Annexure P-11) passed by respondent No.1 whereby respondent No.3 has been granted additional charge of the post of Principal of the College-respondent No.2 and allowed the petitioner to continue as Principal. In para 3 of the affidavit filed on behalf of respondent No.2, it has been stated as under:- “3. That it was inadvertently published that knowledge of Punjabi language up to Matric level or equivalent was essential qualification for the post of Principal/Director, whereas passing of Matriculation examination with Punjabi as one of the compulsory or elective subjects or any other equivalent examination in Punjabi language was the mandatory qualification for the said post. In compliance of the orders passed by this Hon'ble Court on 21.12.2009, it is submitted that all the four candidates (petitioner and other three similarly situated candidates) who were found not to be meeting the required eligibility can be examined by conducting a test of the Punjabi Language conforming with the level of matriculation as prescribed by Punjab School Education Board, CWP No. 17984 of 2008 -3- Mohali. This test will be got conducted through a three member committee of officers and will be got evaluated by an examiner, which may be available on the panel of the Punjab School Education Board. The candidate will be considered as pass if he/she obtains the minimum pass marks as prescribed for matriculation by Punjab School Education Board, Mohali. This will determine their knowledge of Punjabi Language of the level of matriculation standard which is claimed as an eligibility condition by the petitioner. The applicants who qualify the Punjabi test mentioned above will be considered to be eligible and would be called for interview and their candidature will be considered on merit to compete with other 11 candidates who have already been interviewed. However, this exercise would not be a precedent for future.” In view of the above, learned counsel for the petitioner states that the present writ petition has been rendered infructuous and may be disposed of as such. Ordered accordingly. January 13, 2010 (AJAY KUMAR MITTAL) gbs JUDGE