- (1.) This petition challenges the vires of the Punjab Panchayati Raj Primary Teachers (Recruitment & Conditions of Service) Rules, 2006 along with the amendment in the Rules issued vide Notification dated 18th April, 2011 in pursuance of which the advertisement (Annexure P-7) dated 26th April, 2011 has been issued. We have gone through the pleadings made in the writ petition, contents of Punjab Panchayati Raj Primary Teachers (Recruitment & Conditions of Service) Rules, 2006 as amended in 2011 (Annexures P-4 and P-5) (hereinafter referred to as, 'the Rules'). 2. We have also perused the advertisement (Annexure P-7). We are prima facie of the view that the Rules and the advertisement offend the constitutional scheme and principles of equality which have been guarded by the Courts with zeal and in right earnest. 3. Before we notice the salient features of the Rules and advertisement, which according to us cannot stand judicial scrutiny, it will be necessary for us to give brief facts and our reasons as to why the Rules and the advertisement cannot sustain in the eyes of law. This, in our view, will be necessary to justify the order which we propose to pass. 4. Normally, issuance of notice of motion and grant of stay of further proceedings would have served the purpose. This court cannot ignore that in the present day, a lot of noise is raised that in the matters of private employment to give opportunity to the sons of the soil all migrant workers should return to their native land. Can this be done by the State in the matter of ''PUBLIC EMPLOYMENT''? We are not only perturbed but aghast at the way in which the Government proposes to make selection of 7041 teachers in the primary schools of rurals of Punjab. Therefore, even though this petition lacks the necessary pleadings, we have taken suo-motu notice of certain features and the mode of selection which according to us run counter to our well nurtured constitutional ethos and thus, they must be nipped in the bud at the earliest. 5. Briefly stated, the Government of Punjab vide Notification No. 7/14/2004- 05/Education. 4/467 dated 3rd March, 2006 transferred the management of 3449 Government primary schools and 232 Government primary schools from Punjab Education Department to the Department of Rural Development and Panchayat, Punjab and the Department of Local Bodies respectively for management and running the schools. For recruitment of teachers, a Selection Committee at the level of every Zila Parishad has been constituted, which has been named as Zila Parishad Selection Committee. The constitution of the Selection Committee is as under : (1) Chairman, ZilaParishad concerned; Chairperson (ii) Chief Executive Officer, ZilaParishad concerned; Member-Secretary (iii) District Education Officer (Primary); Member (iv) One member, to be nominated by the Department of Welfare of Scheduled Castes and Backward Classes; Member (v) One member, to be nominated by the Department of Sainik Welfare; and Member (vi) One member, to be nominated by the Department of Sports. Member The amended Rule 10 of the Rules reads as under: 10. Qualifications, - (1) No person shall be appointed to the Service, unless, he - (a) has passed Junior Basic Teachers Training Course or Elementary Teachers Training Course, as the case may be, of two years' duration, from the State of Punjab or from any other State or the Union Territory, as the case may be, declared equivalent and duly recognized by the Punjab Government; (b) has passed Punjabi as a teaching subject in the said courses; (c) has passed Matriculation Examination with Mathematics, Science, English and Punjabi;and (d) is a domicile of the State of Punjab or the Union Territory of Chandigarh. (2) In case of non-availability of persons, who have passed the Junior Basic Teachers Training Course or Elementary Teachers Training Course, as the case may be, the persons, who possess B.Ed. degree from a recognized university or institution, will be considered for appointment to the Service. However, such persons shall have to undergo orientation training of six months duration within a period of five years from the date of joining the Service from the District Institute of Education and Training, Punjab. 6. Rule 11 envisages the method for making appointments and transfers. We will extract the following portion of the Rule, which according to us is necessary to be noticed : 7. ''11. Method for making appointments and transfers.- (1) Appointment to the Service, shall be made from amongst the eligible persons, in the following manner, namely :- (a) Seventy percent of the posts shall be filled up from amongst the persons, who have obtained the educational qualifications as specified in rule 10, from the institutions situated within the State of Punjab; and (b) Thirty percent of the posts shall be filled up from amongst the persons, who have obtained the educational qualifications as specified in rule 10, from the institutions situated outside the State of Punjab. (2) The merit will be prepared by adding the percentage of marks obtained in 10+2 Examination or its equivalent and the percentage of marks obtained in the Junior Basic Teachers Training Course or Elementary Teachers Training Course, as the case may be. The persons, who have passed the said courses in the previous years but could not get employment in Government Service, will be given weightage of one mark for each completed year subject to maximum of ten marks. The above said period shall be counted from the date of issuance of the relevant diploma certificate till the date of last date of submission of application for appointment under these rules. (3) The persons, who have passed Middle and Matriculation examination from the schools situated in rurals in the State of Punjab, shall be given extra five marks. (3) (iii) passed diploma in 2002 and obtained diploma certificate on May 5, 2002. The last date of submission of the application for the advertised post is May 5, 2011. The relevant period after passing of J.B.T. or E.T.T., thus is 9 years; and.. 09 (iv) passed Middle and Matriculation from the schools situated in rurals of Punjab, if applicable... 05 8. The advertisement (Annexure P-7) also specifically states that the candidate who can be selected should be a domicile of the State of Punjab or Union Territory Chandigarh. In consonance with the Rules, the relevant portion of the advertisement (Annexure P-7) is also reproduced below : 2. Recruitment Process : (A) 70% of the posts will be filled up from amongst those candidates who have passed Junior Basic Teachers Training or Elementary Teachers Training course from the State of Punjab. (B) 30% posts will be filled up from amongst those candidates who have passed Junior Basic Teachers Training or Elementary Teachers Training course from the State other than Punjab or Union Territory. (C) The merit will be prepared by adding marks obtained in 10+2 or its equivalent examination and the marks obtained in E.T.T.; and (i) Those candidates who had passed the E.T.T. course more than one year back, will be given one additional mark for each year, subject to giving maximum 10 marks; and (ii) The merit of those who have passed Middle and Matriculation examination from the schools situated in the rurals of Punjab, will be prepared by awarding 5 additional marks to them. 9. To sum-up, the following salient features of the Rules and the advertisement, in our view, cannot stand judicial scrutiny: 1. That the applicant/selectee should be a domicile of the State of Punjab or Union Territory, Chandigarh;
(2.) That 70 percent of the posts be filled up from amongst those candidates who have passed Junior Basic Teachers' Training (JBT) or Elementary Teachers' Training (ETT) course from the State of Punjab.
(3.) The merit of those candidates who have passed Middle and Matriculation examination from the schools situated in the rurals of Punjab will be prepared by awarding five additional marks to them.;