- (1.) Education Department of Government of Punjab issued an advertisement on 2.4.2000 for filling 7230 JBT Teachers posts of district cadre in the said department carrying a grade of Rs. 4550-7220/-. The petitioners in this writ petition have raised a three-fold challenge to this advertisement and the action of respondent No. 4 is filling of the said vacancies in furtherance thereto :- a) Post of JBT teacher is a class-III post and the selection thereto can only be made through the Punjab Subordinate Services Selection Board, more particularly, when the Government has not issued any notification taking out the post of JBT teachers from the purview of said Board ; b) The Government, having framed Punjab Education Class-III, (Primary School Cadre) Service Rules, 1997, is bound to make appointments only in accordance with the provisions regulating such appointment and upon recommendation of the Board. c) The advertisement is an arbitrary act on the part of the Government and is intended to achieve no public interest or purpose.
(2.) Before discussing the merit of this three-fold challenge, reference to basic facts would be necessary. The petitioners are graduates and have also passed B.Ed. examination. They fulfil the eligibility conditions and have a right to apply for the post of JBT teacher in accordance with the Punjab Education Class-III (Primary School Cadre) Service Rules, 1997, hereinafter referred to as the Rules. Government of Punjab constituted Punjab Subordinate Service Selection Board 16.5.1997. In accordance with the notification the purpose for constitution of such Board is to provide appointments to Class-III posts under the State Government. The Chairman and Members of the said Board were appointed in July and November, 1997 and a circular was issued by the Government of Punjab on 12.12.1997 to fill up Class-III posts through the Punjab Subordinate Services Selection Board hereinafter referred to as the Board. On 29.6.2000 new Chairman of the Board was appointed. Whenever and wherever the Government decides to take the posts/appointments of a particular cadre outside the purview of the Board, the Government can and has the power to issue such notification that too well within time. Special reference is been made by the petitioners to the posts of veterinary pharmacists which were taken out from the very purview of the Board vide notification dated 9.9.1999. However, on 2.4.2000 the Department of Education of State of Punjab issued an advertisement for making appointment of 7230 JBT teachers. According to the petitioners those posts have not been yet taken out from the purview of the Board and they challenge the action of the Education Department in issuing the said advertisement intending to directly appoint the JBT teachers without making a reference to the Board and more particularly through Selection Committees which have been constituted in every District under the chairmanship of respondent No. 4. The very constitution of Departmental Selection Committees at District level is motivated, discriminatory and unfair. It would vitiate the entire process of selection and deny fair competition. The petitioners further made a specific reference to the functions of the Board under the notification issued by the State Government. The relevant part of Rule 2 reads as under :- "2. (1) xx xx xx 2. (2) It shall not be necessary to consult the Board for suitability of candidates for appointment to :- i) a temporary post, the necessity for which is declared at the time of its creating to be unlikely to continue for more than six months; ii) appointment to permanent post of a person temporarily for a period not exceeding six months, owing to emergent circumstances having arisen, it is necessary in public interest, to fill the vacancy immediately and there is likely to be undue delay in making appointment in consultation with the Board; and iii) a post to be filled in by promotion or transfer."
(3.) Further reference has also been made to the rules and under Appendix 'A' to Rule 1 ibid the post of JBT teacher falls at Item No. 4. The petitioners contended that on the bare reading of the above provisions, the advertisement is contrary to law and the selection to the post can only be made through and upon the recommendation of the Board by the Government. Elucidating the plea of arbitrariness, the petitioners have contended in the writ petition as under :- "6. That it is relevant to mention here that respondent No. 2 is the authority who is exercising his power ever respondents No. 3 and 4 with a purpose to fill the posts different Sub-committees under the Chairmanship of respondent No. 4 has been constituted. The respondent No. 4 Chairman to act as a coordinater. This is being done with an intention that the Sub- Committees which are constituted under District Education Officer/Officers are of not higher level. They are under the direct influence respondent No. 2 as such the political interference is not ruled out. So the chances of fair selection are also remote. 7. That the respondent No. 5 Punjab Subordinate Service Selection Board is an expert body constituted by the State of Punjab for making appointments to Class-III posts under the State of Punjab. The expert body is mere (more ) appropriate and is not under the influence of any minister or secretary etc. Independence of the Punjab Subordinate Services Selection Board is more than Sub-Committees constituted at the lower level under District Education Officer." Upon notice, the respondent filed short reply and thereafter written submissions were also filed on behalf of the State. The facts are hardly in dispute. In short, the stand of the Government is that the Council of Ministers in its meeting held on 19.10.2000 decided to take the posts of JBT teachers outside the purview of the Board. Annexure R.1/T dated 25.10.2000 has been annexed to the reply in support thereof. It is also pleaded that under Clause (2)(iii) of the notification (p. 10) the Government has the power to exclude appointment to any posts from the purview of the Board. It is also conceded in the reply that the process of the selection has yet not commenced. The Government claims to have taken the said steps in public interest as there was emergent need to appoint the JBT teachers. Annexure R.1/T was issued on 25.10.2000. Relevant part of the same reads as under :- "The approval of proposals mentioned in para 6 of reminder letter dated 4.9.2000 of Education Department has been given. Along with this decision, council of Ministers has also given approval of this point to the Administrative Department that due to the up-gradation of schools, the vacant posts may be filled up during the current and coming financial year. The council of Ministers has also decided to take out those posts from the purview of Punjab Subordinate Services Selection Board and the consent to fill these post has also been given by the Departmental Selection Committees. The legislative affairs Branch may be intimated within 15 days regarding the action taken by the Administrative Department in regard to the decision taken by the Council of Ministers.";