- (1.) The Punjab State Agricultural Marketing Board, the respondent in the present writ petition (in short the Board) sent requisition for some posts of Clerk-cum-Typists to the various Employment Exchanges in February, 1980. It may be observed here that in the letter which was sent by the Employment Exchange to the petitioner for appearing in the interview with the respondent-Board, it was mentioned that the educational qualifications required for the post are Matric with Punjabi and knowledge of English and Punjabi typing. It is not disputed that the petitioner is Matric with Punjabi.
(2.) The petitioner appeared in the interview in response to a letter from the respondent and was selected for one of the posts. She was issued an appointment letter dated 27th March, 1980, copy of which has been attached as Annexure P-2 with this petition. One of the conditions mentioned in die appointment letter was that the appointee will have to furnish a medical fitness certificate from the Principal, Medical Officer, Civil Hospital, Sector 16, Chandigarh, within 6 days of joining. The petitioner submitted her joining report with the respondent on 28th March, 1980 and was sent for medical examination. She was medically examined on 31st March, 1980. A communication was sent on 7th April, 1980 by the Principal Medical Officer, General Hospital, Sector 16, to the Executive Engineer, Punjab State Agricultural Marketing Board, Chandigarh (where the petitioner had been appointed) that the petitioner had been declared temporarily unfit due to pregnancy of 18 weeks. Consequently, the petitioner was relieved on 23rd April, 1980. After the delivery of a child and having been declared medically fit, as alleged by her, she reported back for duty on 11th September, 1980, but according to the averments made in the writ petition, she was no assigned any work. However, an order was issued on 25th October, 1980, appointing the petitioner on ad hoc basis for 89 days and it was further mentioned that the appointment is subject to the condition mat the appointment is subject to the condition that the petitioner fulfils the conditions provided for the post of a clerk, i.e. Matric First Class/Intermediate Second Class/B.A. Since the petitioner is not matric 1st Division or Intermediate Second Class or BA., she was not allowed to join in pursuance of the appointment letter, dated 25th October, 1980.
(3.) The present wrif petition was filled challenging the action of the respondent in not allowing the petitioner to join the service in pursuance of the earlier order of appointment dated 27th March, 1980, and further impugning the action of me respondent in offering me petitioner only ad hoc appointment vide order dated 25th October, 1980 and that too with a condition that she should be Matric Ist Class/Intermediate 2nd Class/B.A., which was not the required qualification at the time the petitioner was initially selected.;