DAYA CHAUDHARY,J. - (1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to take action on the representation/legal notice by considering the petitioners being qualified and eligible for the post of P.T.Is against advertisement dated 28.03.2001 in view of Full Bench judgment of this Court in CWP Nos.451 of 2008, 3077 of 2008 and 1804 of 2009 titled as Manjit Singh v. State of Punjab and others, decided on 05.02.2010 : 2010(3) S.C.T. 703. A prayer has also been made to call the petitioners for interview by entertaining their applications for the said posts.
(2.) Briefly, the facts of the case are that an advertisement was published in the newspaper dated 28.03.2001 inviting applications for various posts in the Education Department. Total 175 posts of P.T.Is. were there for men and 175 posts were for women. The necessary qualification for the said post was Matric with certificate in Physical Education recognised by the Punjab Government. As per advertisement, the candidates including petitioners having qualification of B.P.Ed., D.P. Ed. and M.P. Ed. applied for the said posts.
(3.) Learned counsel for the petitioners submits that both the petitioners were possessing the higher qualification i.e., B.P.Ed. and Certificate in Physical Education of nine months duration course, which was the minimum qualification as required in the advertisement but in spite of that they were not considered. The petitioners were not interviewed because of their higher qualification whereas there was no reason to deny them the opportunity of being interviewed for the purpose of selection. Learned counsel also submits that the action of the respondents is not only arbitrary and discriminatory but also violative of Articles 14 and 16 of the Constitution of India. The controversy in the case in hand is squarely covered by the Full Bench judgment of this Court in Manjit Singh's case (supra). Even LPA No.1214 of 2012 filed by some of the respondents relying upon the same Full Bench judgment, was allowed and the respondents were directed to consider the candidature of the candidates against the post of Physical Training Instructors. The petitioners served a legal notice but still they were not considered.;