J.M.TANDON, J. - (1.) Harbans Singh and Rajinder Singh petitioners were appointed as Masters on June 13, 1962 and February 22, 1962, respectively in the Punjab Education Department. Harbans Singh obtained Masters degree in History in 1965 and Rajinder Singh in 1960. The Director of Public Instruction, Punjab, vide order dated August 21, 1968 asked for particulars for the purpose of granting Lecturer's grade to the Masters with post graduate qualifications belonging to Scheduled Castes/Tribes and Backward Classes. The petitioners are members of Backward class. On the basis of the particulars supplied, the Director of Public Instruction, granted Lecturer's grade to the petitioners vide order dated September 18, 1969, with effect from November 1, 1966. The Lecturer's grade awarded to Harbans Singh Petitioner was withdrawn vide order dated December 7, 1970 (Annexre D), and that awarded to Rajinder Singh petitioner vide order dated January 5, 1971 (Annexure D, 1). The excess amount paid to the petitioners was ordered to be recovered vide letter dated January 29, 1971 (Annexure E). The Petitioners have challenged the orders dated December 7, 1970 (Annexure D), January 5, 1971, (Annexure D. 1) and January 29, 1971 (Annexure B) being illegal and violative of Article 311 of the Constitution. The return has been filed by Deputy Director of Public Instruction wherein the averment made is that the matter regarding the award of Lecturer's grade to the petitioners was scrutinised on receiving representations from some other masters belonging to Backward class, who were senior to them and were also M. A. in History. It was found that the Lecturer's grade was awarded to the petitioners on the basis of faulty data supplied by the field staff and the particulars of the masters senior to them were not supplied at the time Lecturer's grade was awarded to the petitioners.
(2.) The learned counsel for the petitioners has argued that may be the competent authority could cancel the award of Lecture's grade to the petitioners if it was awarded on the basis of faulty data. The order of cancellation, however, adversely affected the petitioners and the same could not be passed without affording them a reasonable opportunity. In the instant case, no opportunity whatsoever was afforded to the petitioners before their Lecturer's grade was cancelled. The impugned orders withdrawing their Lecturer's grade are, therefore, liable to to set aside on this ground.
(3.) The learned counsel for the respondents has argued that the Lecturer's grade awarded to the petitioners could be cancelled if they had been given on the basis of faulty data and the competent authority found that the petitioners had been awarded Lecture's grade on the basis of faulty data supplied by the field staff. The petitioners were not afforded any opportunity before cancelling their Lecturer's grade nor was it necessary.;