ARCHANA Vs. THE COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN, NEW MEHRAULI ROAD, NEW DELHI
LAWS(P&H)-1994-5-109
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 20,1994

ARCHANA Appellant
VERSUS
COMMISSIONER Respondents

JUDGEMENT

- (1.) Civill Writ Petitions No.8887 of 1993, 15482 of 1993 and 2021 of 1994 are being disposed of by a common order because they involve adjudication of almost identical questions raised.
(2.) In order to make an adjudication of the legal issues raised in the three writ petitions, it is necessary to set out a few facts.
(3.) In Civil Writ Petition No.8887 of 1993, seven petitioners have jointly raised their grievance against their non-selection for appointment as Primary Teachers and Trained Graduate Teachers. Of these seven petitioners, two namely, Manjit Singh and Balwinder Singh have since resigned from service. Petitioner Archana who possesses qualification of B.A./B.Ed. is working as Primary Teacher (PRT Teacher). Ver Inder Pal Kaur is double M.A./B.Ed. and B.A. (Hons.) and is also working as Primary Teacher and Arun Mahajan, who is having qualification of B.Sc./B.Ed. is also working as Primary Teacher. All the petitioners were appointed as Teachers in the service of the respondents in different years. Their names were sponsored by the Employment Exchange and after selection made at the level of the Principal of the concerned Schools, the petitioners had been given ad hoc appointment. On 24.7.1992, Kendriya Vidyalaya Sangathan issued advertisement Annexure P-1 for recruitment of Teachers (Primary Teachers and Trained Graduate Teachers) for 1992-1993. In all 1217 posts of Primary Teachers and 667 of Trained Graduate Teachers were advertised. All the petitioners applied for appointment as Primary Teachers/Trained Graduate Teachers in pursuance of the advertisement Annexure P-l. Some of them applied for both the posts while other applied for one of the posts. Petitioners were not called for interview and, therefore, they sought intervention of the Court for being considered for selection and appointment as Primary Teacher/Trained Graduate Teachers. Petitioners claim is that once they have been appointed after due selection, they have acquired a right to hold the posts and in any case to be considered for selection and appointment in pursuance of Annexure P-l because they fulfil the minimum qualifications prescribed for recruitment of Primary Teachers/Trained Graduate Teachers.;


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