- (1.) We have heard the learned counsel for the petitioner at length and perused the paper-book.
(2.) Initially, the matter with regard to selection of a Principal of respondent No. 3-College was decided by the State of Punjab by order dated 15.6.2006 (Annexure P-6). This order was passed by the Secretary, Government Punjab, Department of Technical Education & Industrial Training, pursuant to the directions issued by this Court on 24.1.2006 in CWP No. 17762 of 2005 (Manjit Kumar Khosla v. State of Punjab and others). The Secretary was of the opinion that respondent No. 6 was not eligible to be appointed on the post of Principal as he had only 1-1/2 years regular service on the post of Head of Department, while the petitioner and one S.P.S. Khurana possessed more than 5 years of regular service as Head of Department. This order was not implemented by the respondent No. 3-College which prompted the petitioner to file CWP No. 13191 of 2006. The aforesaid writ petition was disposed of by this Court on 22.8.2006 with a direction to the respondents to dispose of the representation submitted by the petitioner for implementation of the order passed by the Secretary on 15.6.2006, by passing a speaking order within a period of one month of the receipt of a certified copy of the order. Consequently, the respondent-College has now passed a speaking order on 23.9.2006 (Annexure P-9). The claim of the petitioner has again been rejected by the respondent-College and respondent No. 6 has been selected and appointed as the Principal.
(3.) In the impugned order (Annexure P-9), the respondent-College has held that the order passed by the State Government on 15.6.2006 was erroneous as it had been passed on the basis that respondent No. 6 did not possess the requisite 5 years experience at the level of the Head of Department. It has been pointed out that respondent No. 6 has been working as Head of Department (Electrical) with effect from 6.9.1993 till his regular orders as Head of Department were issued with effect from 27.6.2004. In the eligibility conditions, it has been laid down that for appointment on the post of Principal, the incumbent must possess 15 years' teaching experience out of which at least five years should be at the level of the Head of the Department. Furthermore, in the eligibility conditions so prescribed by the State Government, there was no distinction between the experience gained whether on regular basis or on officiating/ad hoc basis etc. Therefore, according to the respondent-College, the Secretary has misread the provisions by interpreting the same to mean that the experience as Head of Department should be on regular basis.;