- (1.) The respondents issued an advertisement dated June 12, 2006 (Annexure P-3) inviting applications for 450 posts of Punjabi Masters/Mistresses. The petitioners considering themselves as eligible for the posts under reference submitted their application forms well before the last date of receipt thereof. Consequent upon a determination at the hands of the respondents, the Subordinate Services Selection Board, Punjab, issued a public notice in the Tribunal on November 21, 2006 (Annexure P-5) depicting the cut off marks for various categories of candidates who were eligible for appointment against the posts of Punjabi Masters/Mistresses in furtherance of the advertisement dated June 12, 2006 (Annexure P-3). For the category of Scheduled Caste (Ex Servicemen-dependent) candidates there were no cut-off marks, whereas the cut-off marks for male candidates of the Scheduled Castes (General) category were 131.29. In view of the above, learned counsel for the petitioners vehemently contends that since petitioner No. 1 applied for appointment as a Punjabi Master from the category of Scheduled Castes (Ex- servicemen-dependent) for which there was no cut-off marks, he could not be excluded from the zone of selection; whereas for petitioner No. 2, it is submitted that he could have only been excluded if the marks awarded to him were less than 131.29 marks.
(2.) The grievance of the petitioners, however, is that their claim for selection and appointment against the posts of Punjabi Masters was never taken into consideration as they were found ineligible for the advertised posts. This determination at the hands of the respondents is seriously contested by the learned counsel for the petitioner. In this behalf, it is the contention of the learned counsel for the petitioners that statutory rules have been framed by the respondents under Article 309 of the Constitution of India for regulating recruitment, inter alia to the posts of Punjabi Masters. Reference in this behalf has been made to the Punjab State Education Class III (School Cadre) Service (First Amendment) Rules, 1995 (for short 'the 1995 Rules') which were invoked at the time of the issuance of the advertisement dated June 12, 2006 (Annexure P-3). Relying on the aforestated statutory Rules, learned counsel for the petitioners has invited our attention to the qualifications prescribed therein for the posts of Punjabi Masters/Mistresses. The relevant extract of the 1995 Rules is being extracted hereunder :- JUDGEMENT_232_LAWS(P&H)7_2007_1.html
(3.) It is also the contention of the learned counsel for the petitioners that the advertisement issued by the respondents inviting applications for the posts of Punjabi Masters/Mistresses dated June 12, 2006 (Annexure P-3) was in consonance with the statutory Rules, relevant extract whereof has been reproduced hereinabove. In this behalf, learned counsel for the petitioners has invited our attention to the following qualifications prescribed for the post of Punjabi Masters/Mistresses in the advertisement dated June 12, 2006 (Annexure P-3) :- "One should be a graduate from the recognised university with Punjabi as subject and B.Ed. with teaching of Punjabi in B.Ed." In order to substantiate his claim, learned counsel for the petitioners vehemently contends that both the petitioners had qualified the B.A. examination with Punjabi as "compulsory subject". He further contends that both the petitioners had qualified the B.Ed. examination with teaching of Punjabi as one of the subjects. Thus viewed, it is submitted that both the petitioners were eligible for appointment against the posts of Punjabi Masters/Mistress. The factual position noticed hereinabove is not disputed by the learned counsel for the respondents.;