- (1.) The petitioners challenge Clause 3 of the advertisement dated 20.11.2015 (Annexure P4/1) wherein applications have been invited from eligible candidates for filling up of 1800 posts of Science Masters. Similar advertisements of even date for filling up posts of Mathematics, Social Studies, Hindi/English/Punjabi Masters/Mistresses, are also challenged on the same ground, wherein there is a minimum qualifying marks of 50% provided in the test, which is to be held.
(2.) The test is to consist of 150 marks and the candidate has to secure 75 marks for having passed, in addition to the marks obtained in the Punjab State Teachers Eligibility Test-2, which are to be basis for preparing the merit list. Relevant clause reads as under: "3. Procedure for Selection :- Only those candidates who have passed Punjab State Teachers Eligibility Test-2 (P.S.T.E.T-2) are eligible for those posts. The written test shall be conducted at State level. The test shall consist of 150 marks for the concerned subject. Those candidates who secured 75 marks shall be treated having passed. There shall be relaxation of 5% (i.e. 8 marks) to the candidates of S.C./S.T., O.B.C., and differently abled categories of candidates) and the final merit of the candidates who possess educational/professional qualifications and other necessary conditions for recruitment to the aforesaid posts shall be prepared on the basis of total marks obtained by such candidates in the Punjab State Teachers Eligibility Test-2 (P.S.T.E.T-2) and in the written test of the concerned subject."
(3.) Challenge has been raised on the ground that there is no provision in the Punjab State Education Class-III (School Cadre) Service Rules, 1978 for taking such a written test and therefore, in the absence of any supporting provision contained, the criteria fixed is harsh.;