- (1.) Challenge in this petition is to the appointment of Lakhbir Kaur to the post of Junior Scale Stenographer in the Guru Nanak Dev Polytechnical College, Ludhiana. Lakhbir Kaur is arrayed as the 3rd respondent in the petition. Appointment to the post required the approval of the Director, Punjab State Board of Technical Education, Chandigarhrespondent no.2. The consequential prayer is that such approval be directed not to be granted which if declined would nullify the appointment and bring desired relief to the petitioner.
(2.) The facts briefly are thus: The petitioner and the 3rd respondent applied for direct recruitment against the advertised post of Junior Scale Stenographers published in the daily newspaper The Tribune. The petitioner was an in-service candidate working as an Attendant but was eligible to compete for direct recruitment after through proper channel. His request was granted. The petitioner belongs to the scheduled caste in its sub classification in the category of Ramdasia. The selection was interview based conducted on May 16, 1994 in the College premises. Only three candidates appeared before the Selection Committee and the 3rd respondent was declared selected on the same day. She was a general category candidate who is stated to never have submitted a caste certificate that she belongs to the scheduled caste category. She submitted her caste certificate after the interview on May 19, 1994 which was issued by the Tehsildar on May 17, 1994. Earlier the 3rd respondent was working as a Clerk in the same College but her services were terminated allegedly on account of her work and conduct when not found satisfactory. She was relieved on March 31, 1994 by order (Annex P-5) only to return back to compete for the post advertised. The petitioner asserts that the terms and conditions prescribed in the advertisement required the candidates to bring with them their original certificates at the time of interview but the 3rd respondent did not possess the caste certificate at the time of interview which was produced afterward. Therefore, the appointment of the 3rd respondent was flawed when considered in the reserved category. This is the case set up on facts in the petition.
(3.) Aggrieved by denial of appointment and selection of the 3rd respondent, the petitioner made a representation to the Secretary, Nankana Sahib Education Trust which runs the Guru Nanak Dev Engineering College, Ludhiana. Till the writ was filed in June 1994 nothing was heard of on the fate of the representation.;