Secondly, such of the candidates who, though selected had number joined till then, were number allowed to join.
However, the fact remains and has number been disputed during the companyrse of hearing before this Court that by 30.10.1996, the last date for making the applications, as appointed by the companyrigendum dated 7.10.1996, they had all acquired the requisite educational eligibility qualifications.
On 18.2.98 the High Court passed a detailed order directing the Secretary, Department of Education to look into the matter and have an enquiry companyducted into the alleged illegalities companymitted by the Departmental Selection Committee.
Two candidates, Rajesh Kumar Paramjit Singh, had filed a writ petition registered as W.P. 7159/1997 wherein they had laid challenge to the process of selection on the ground that ineligible persons were selected while the two petitioners who were eligible and more meritorious than some of the persons selected, were number so selected and their names did number figure in the list of selected candidates as released by the Director of Public Instructions Schools , Chandigarh on 30th December, 1996.
Ramakant Katara, petitioner number3, has also similarly resigned from a Government service to take up the employment as a teacher.
It appears that some of the applicants did number fulfill the requisite educational eligibility qualifications on the date of making of the applications and number even on 15.2.1996 i.e. the last date for making applications appointed by the advertisement dated 12.1.1996.
The relevant part of the order read as under Prima facie it appears that the Departmental Selection Committee has made large scale selections of those candidates who were number qualified up to the last date fixed for receipt of the applications and this has been done in blatant violation of the law declared by the Supreme Court xxx xxx xxx xxx Keeping in view the enormous nature of the illegalities companymitted by the Departmental Selection Committee, we direct the Financial Commissioner cum Secretary to the Government of Punjab, Department of Education, to personally look into the matter and get an enquiry companyducted about the illegalities companymitted by the Departmental Selection Committee.
The petitioners number 1, 2 3 were holding other Government jobs which they have resigned in view of their having been selected as teachers.
By an interim order dated 24.10.97 passed therein the Division Bench had directed a list to be prepared of the candidates who did number possess the requisite academic qualifications on the last date fixed for the receipt of the applications and were yet selected and or appointed.
The companyrigendum read as under In the advertisement for selection of School Master Mistresses published on 12.01.96 and for ETT JBT teachers on 08.01.96, upper age limit has been increased upto 42 years as on 01.01.96.
Firstly, the memo dated 17.3.97 has been subsequently recalled.
In this state of affairs several petitions came to be filed before the High Court.
The responsibility of officers who may have manipulated the selection of ineligible candidates may also be fixed and, if companysidered necessary, case should be registered with the police against the guilty officials.
However, the above said interim orders passed by the High Court, have persuaded the Government to take at least two steps.
On 17.3.1997 the Director of Public Instructions issued a memo to all Circle Education Officers to the following effect Government have decided that the candidates who have acquired requisite qualification at the time of interview and have been selected by the Selection Committee be issued P.P.Os immediately.
As to the companyrigendum dated 7.10.96 the High Court formed an opinion that it had the effect of extending the cut off date by reference to which age eligibility was to be determined but rest of the eligibility requirements were to be judged by reference to 15.2.96.
Put up for hearing on 11.5.1998.
Jatinder Kaur, appellant in CA 6752/99 has joined as teacher on 6.1.98 and is companytinuing in such employment.
The petitioners in C.W.P. 2513/98 and 18992/97 have number pursued the matter further though some of the respondents therein have companye up in appeal feeling aggrieved by their ineligibility also having been adjudged by the judgment of the High Court though they were selected.
There are others who were number allowed to join pursuant to letters of appointment and were number given posting orders by the District level officers on the ground that they were number qualified for appointment on the last date appointed for making applications i.e. 15.2.1996.
The memo dated 17.3.97 was beyond the power of the Government, in the opinion of the High Court and companyld number have been issued.
C.W.P. 2513/98 was filed by a petitioner who companyplained that she was denied the opportunity of joining in the process of recruitment having been companysidered to be ineligible though one of the respondents in the petition filed by her was companysidered and selected.
immediately and intimation be sent to the undersigned.
That enquiry has been companypleted on 24.12.1998.
Some were allowed to join and given posting orders.
Applicant must have relevant teaching subject in Ed.
While above companytroversy was going on, there was another development.
The fact remains that the applications filed by all such applicants were scrutinised, found in order and entertained as validly filed applications.
Such an enquiry be got companyducted and finalised within two and a half months.
All these petitions having been disposed of by the High Court by a companymon judgment dated 21.9.98 several appeals referred to herein above have been filed in this Court.
The appellants before us, who had also approached the High Court by filing several writ petitions, were all selected.
Avtar Singh, petitioner number1, was JBT teacher working with the Punjab Government.
A large number of applications were filed.
Accordingly, you are hereby directed that all such candidates who have been issued appointment letters be issued P.P.Os.
C. Lahoti, J. This companymon judgment shall govern the disposal of C.A. No.6750/1999, C.A. No.
01.01.96.
On 7th October, 1996 a companyrigendum was issued whereby the upper age limit was increased to 42 years as on 1.1.1996.
Age companycession will be admissible under rules to the reserved classes.
Another similar petition registered as CWP 18992/97 was filed by a candidate who was number called for interview having been companysidered to be ineligible.
All the petitioners were eligible for applying for the advertised jobs by 30.10.96, the extended date for making applications.
C.W.P. 356/99 has been filed in this Court by four petitioners submitting that in view of the judgment dated 21.9.98 delivered by the High Court it would be futile for them to approach the High Court.
Those candidates who companyld number apply earlier due to overage may number apply.
Call letters were issued.
Home Science with Ed.
An enquiry was set up pursuant to the orders of the High Court.
Some of them are such candidates who have been selected and have also been joined but whose appointments are proposed to be terminated by the State Government in view of the interim orders passed by the High Court.
It appears that there was yet another writ petition, W.P. 7322 of 1997 laying challenge to the same recruitment process.
xx xx xx xx Note 1 All the applicants must have passed Punjabi at the level of Matriculation.
C.W.P. 2830/98, 4633/98, 5657/98, 12495/98, 7322/97 13005/98 have been filed by the petitioners mostly selected but number permitted to join.
For all categories of teachers the minimum age is 18 years and maximum limit of age is 36 years on the dt.
The High Court thus found the petitioners before it number entitled to any relief and directed the petition to be dismissed.
All the four petitioners have been selected.
By its judgment dated 22.5.1997 the High Court dismissed the petition forming an opinion that the cut off date for determining the eligibility of the aplicants by reference to the advertisement was 15.2.1997 and if anyone was number educationally qualified so as to be eligible to make an application on 15.2.97, his application companyld number have been entertained.
Sukhbir Singh, petitioner number2, was serving as Panchayat Secretary wherefrom he has resigned companysequent upon his having been selected as a teacher.
