Surya Kant, J. - (1.) (Oral) - This order shall dispose of Civil Writ Petitions Nos. 22881 of 2010 and 3990, 4077, 4696, 4788, 5514, 5560, 5596, 5837, 6026, 7449, 7992, 8749, 8889, 11625, 11593, 12653, 12658, 12702, 12708, 12907, 13042, 15212 and 18493 of 2011, as the same broadly similar facts and issues, hence need not to be dealt with separately. For brevity, the facts are taken from Civil Writ Petition No. 5560 of 2011.
(2.) Suffice it to mention that the petitioners applied for different teaching posts for appointment in the Education Department, Punjab in the one or the other reserved category but their categories have been subsequently changed by the respondents after rejecting their Backward/Dependent of Ex-Serviceman Certificates, consequently treating them in the open category. The common issue raised by the aggrieved petitioners pertains to the justification of change of their respective category.
(3.) Petitioners in these cases were applicants for one or the other teaching posts in response to the Advertisement dated 23.09.2009, followed by the Corrigendum dated 27.09.2009. They belong to reserve categories of Backward Class or Dependent of Ex-Serviceman. The Advertisement dated 23.09.2009 (Annexure P-2) containing Clause-6 regarding validity of a Backward Class Certificate is reproduced herein as under:- "6. The Certificate of B.C. is to be within one year from the last date of submissions and this Certificate should be in terms of the letter dated 17.01.1994 and 17.8.2005 issued by the Department of Welfare, Punjab Government." The subsequent Corrigendum issued on 27.09.2009 (Annexure P-3) further stipulates as follows:- "Condition No. 6:- The Certificate of B.C. Category should not be more than 1 year prior to the last date of submission of applications and this Certificate should be as per the Punjab Government, Department of Welfare Letter No. 1/41/93-RS/1/209 dated 24.2.2009." Similarly, as regard to Dependents of Ex-Servicemen, the advertisement stipulates as follows:- "The reservation under Ex-serviceman quota is applicable only in the case of residents of Punjab and in case the Ex-serviceman himself is not a candidate then this reservation would be applicable for the dependents. Such Ex-Servicemen/dependents would present the original certificate made prior to the last date of submission of applications and issued by the competent authority appointed by the Government at the time of counselling." The subsequent Corrigendum issued on 27.09.2009 (Annexure P-3) further stipulates as follows:- " Condition No. 8 :- The candidates seeking reservation under Freedom Fighter Quota will have produced the original certificate made prior to the last date of submission of applications in terms of Punjab Government letter No. 4-13-8P3-95/Special-477 dated 24.9.1998 and letter No. 4-13-8P2- 25/Special/62 dated 11.2.1999 and issued by the competent authority appointed by the Government at the time of counselling.";