- (1.) This petition filed under Article 226 of the Constitution prays for issuance of a writ in the nature of mandamus directing the respondents to consider the candidature of the petitioners for their appointment to the post of P.T.I. They have claimed that they were fully, eligible and qualified for appointment to the aforementioned posts. As an interim measure, the petitioners had also prayed for granting provisional permission directing the respondent No. 3 to interview them provisionally subject to the final decision of the writ petition. When the writ petition came up for motion hearing, the Division Bench on 4.7.2001 had directed that the petitioners are otherwise eligible but for the Diploma in Physical Training Education which has not been recognized by the respondent-State of Punjab. It was directed that they would be provisionally interviewed and their results would not be declared. Accordingly, the petitioners have been interviewed and their results have been kept in a sealed cover.
(2.) Brief facts of the case are that the Departmental Selection Committee (Teaching) constituted by the Director of Public Instructions Punjab (Respondent No. 3 issued an advertisement on 29.3.2001 inviting applications to the posts of P.T.I. The applications were required to be submitted by 17.4.2001. For the aforementioned posts the qualification of matric and certificate course in physical education, as recognized by the Punjab Government, was required. The petitioners have applied in response to the advertisement along with requisite fee of Rs. 200/-. They disclosed that they had acquired requisite qualification of matriculation from Punjab School Education Board and the qualification of Certificate Course in Physical Education from Kurukshetra University. Both certificates have been attached with the writ petition as Annexures P-1 and P-2. It is claimed that they fully meet the requirement of advertisement and despite fulfilling the qualification they were not called for interview whereas a large number of other candidates have been issued interview letters on 25.6.2001. It has also been asserted that a large number of candidates who possess the certificate course in physical education from Kurukshetra University have been given appointment as P.T.I. in the Education Department Punjab and they have been working as such. In para No. 15, the names of Barjinder Singh son of Late Sh. Jamail Singh, P.T.I. Government Senior Secondary School, Misser Khanna (Bhatinda) and Ramanpreet Singh son of Sh. Nachhattar Singh, who is working in Government Senior Secondary School, Gheri Bara Singh (Bhatinda), have been given and copies of their appointment letters dated 26.9.2000 and 12.10.2000 have been placed on record (Annexures P-6 and P-7). It is claimed that there is no justification for adopting hostile discrimination against the petitioners and the action of ignoring them from participating in interview is violative of Articles 14 and 16(1) of the Constitution. Further reliance has been placed on the instructions dated 9.5.1960 (P4) issued by the respondent-State of Punjab which recognize the qualification of Certificate Course in Physical Education from Kurukshetra University, Kurukshetra. It has still further been asserted that the State of Punjab discontinued the issuance of Certificate Course in Physical Education from Session 1990-91 on account of directions issued by the Government of India. Accordingly, the courses were to be run by the Universities and not by any Physical College/Institution. Thereafter, the Government of India allowed only Kurukshetra University, Kurukshetra in the whole region of Northern India, to run the Certificate Course in Physical Education where the admission is granted purely on the basis of merit. The petitioners have also taken a stand in the replication that the Kurukshetra University, Kurukshetra has been incorporated by an Act of Punjab Legislature being Punjab Act 12 of 1956 and the degrees, diploma and certificate issued by the aforementioned University cannot be de-recognized by the respondent-State of Punjab.
(3.) In reply, the stand taken by the respondents is that, in pursuance to the instructions dated 15.10.1990 issued by the Punjab Government, all Diploma Courses from other States were to be derecognized and, therefore, the petitioners, who have acquired the qualification from Kurukshetra University were not eligible for appointment against the post of P.T.I. It is claimed that the instructions dated 9.5.1960 issued by the erstwhile State of Punjab have been superseded by a letter dated 15.10.1990 (R-1) and the aforementioned letter is equally applicable to the case of Diploma Courses from other States. However, it is admitted that the petitioners have been provisionally interviewed. An additional affidavit dated 25.1.2006 was filed, giving details of the Courses which have been de-recognized by the respondent-State of Punjab, which reads as under : "1. J.B.T. Course/E.T.T. of Haryana State 29.5.2004 2. Rajasthan 15.10.1990 3. Himachal 1992 C.P.Ed. 1. Amrawati 27.10.77 2. Madhya Pradesh 27.10.77 3. Bihar 27.10.77 4. Tamil Nadu 27.10.77 5. Karnataka 27.10.77 6. Uttar Pradesh 27.10.77 Except the course done in 1977-78";