- (1.) Challenge in the instant writ petition is to the order dated 28.12.2007 (Annexure P-9), whereby the claim of the petitioners for appointment as E.T.T/J.B.T Teachers under the Department of Education, State of Punjab has been rejected. Still further a prayer for issuance of a Writ in the nature of Mandamus for directing the respondents to appoint the petitioners as E.T.T Teachers against the two unfilled posts of E.T.T Teachers relating to S.C category, has been raised.
(2.) Facts in brief that would require notice are that both the petitioners belong to the reserved S.C category and possess the qualifications of B.A. B.Ed. The Chairman, Departmental Selection Committee (Primary), Punjab Education Department, State of Punjab issued an advertisement dated 2.4.2000 inviting applications for appointment to 7230 posts of E.T.T Teachers. It is not a matter of dispute that recruitment to the post of E.T.T Teachers is at the district level. In so far as the present controversy is concerned district Mansa would be relevant, wherein 303 posts were advertised out of which 61 were shown to be reserved for the S.C category. The petitioners being eligible applied in response to the advertisement dated 2.4.2000 for the posts of E.T.T Teachers pertaining to Mansa district against the S.C Category. It is asserted that upon declaration of the result only 51 candidates were shown to have selected against the S.C category for Mansa district. The petitioners along with certain other candidates filed CWP No.6215 of 2002 in this Court praying for a direction for the respondents to fill up the vacant post of E.T.T Teachers against the S.C category. The aforementioned writ petition came to be disposed of vide orders dated 23.4.2002 with directions to the respondent-authorities to consider the claim of the petitioners therein as had been raised in the legal notice already filed. In compliance of the order dated 23.4.2002 passed by this Court in CWP No. 6215 of 2002 an order dated 7.9.2002 (Annexure P- 3) came to be passed, whereby the petitioners were conveyed that out of the 61 posts reserved for Scheduled Castes pertaining to S.C category, one post was reduced in the light of the corrigendum dated 25.5.2000 and accordingly, for Mansa district 60 posts of E.T.T Teachers were left and the same had all been filled up and the petitioners could not be selected and appointed on account of the merit position. It is asserted on behalf of the petitioners that in the order dated 7.9.2002 the District Education Officer (Elementary), Mansa had intentionally concealed a material fact that two candidates from the S.C category namely Pavittar Singh, Roll No.110862 and Baljit Singh, Roll No.110293 had not joined the post of E.T.T Teacher.
(3.) Faced with such a situation the petitioners again approached this Court by filing CWP No. 6780 of 2003 with the assertion that two posts of E.T.T Teachers against the S.C category were infact lying vacant and the petitioners being next in order of merit had a vested right to be appointed against these two posts. CWP No. 6780 of 2003 came to be disposed of on 5.5.2003 in terms of the following order:- " Learned counsel for the petitioners contends that in the impugned order dated September 7, 2002 the figures mentioned in the last para of the order are factually not correct. According to him, out of the posts available for scheduled castes quota, two posts are still lying vacant. If that be so, petitioners are at liberty to bring it to the notice of the respondents. We see no reason to interfere in the impugned order. Petition is disposed of with liberty, as prayed for. Sd/- Swatanter Kumar, Judge Sd/- Mehtab S. Gill, Judge." ;