Rajiv Narain Raina, J. - (1.) This order will dispose of above cases bearing CWP Nos. 22198 of 2012, 3065 of 2013 & 5685 of 2013, as common questions of law and facts are involved in them, which can conveniently be decided by a common order. The facts are taken from CWP No. 22198 of 2012 for the sake of convenience.
(2.) The petitioner has been ignored for appointment as a Science Mistress for failure to produce the requisite backward class certificate issued by the competent authority prior to the last date of submission of the applications in response to the advertisement dated 23rd September, 2009. The claim, inter alia, is based on discrimination when departmental authorities considered similarly situated persons eligible in the second counselling conducted when they were asked to produce the caste certificate and were permitted. She produced the certificate though issued subsequent to the cut -off date. A direction is prayed for to the respondents to appoint the petitioner against the post reserved for the backward class category candidates by taking into consideration the backward class certificate obtained after the last date.
(3.) The case of the petitioner is that she belongs to Khati Caste which is recognized as backward class in terms of the Punjab Government instructions containing the list of Backward Classes in the State of Punjab eligible for appointment to public posts on the basis of reservation. She produced her backward class certificate issued by the Tehsildar, Faridkot dated 14th September, 2007. The last date for applying online was 9th October, 2009. Large number of posts were advertized to be filled on contract basis. The reservation for Scheduled Castes and Backward Classes categories is governed by the provisions of the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 (for short 'the Act'). The law provides that a certificate of Backward Class is to be within one year from the last date of submission of application and the certificate should be in terms of the Punjab Government, Department of Welfare, letters dated 17th January, 1994 and 17th August, 2005. It is common ground that the respondents issued various corrigenda on 27th September, 2009, 6th December, 2009 and 7th December, 2009 relating to the present recruitment process. These corrigenda gave fresh opportunity to the candidates to make corrections in their applications already submitted. The corrigendum dated 27th September, 2009 (Annex P -4/1) contains a note stipulating that 'those candidates who had applied before the issuance of this corrigendum, such candidates can make correction online in their applications from 16.10.2009 to 23.10.2009 up to 5.00 PM'. As per the corrigendum dated 6th December, 2009, the candidates possessing higher qualification were permitted to submit applications till 15.12.2009.;