Vijender Jain, J. - (1.) The challenge made in the Letters Patent Appeal is against the order passed by the learned Single Judge allowing a modification/reviewing the order dated 11.11.2002 on 18.03.2005. The order, which was passed by learned Single Judge on 16.11.2002, was to the following effect: This order shall dispose of CWP Nos. 14321 of 1993, 3875 of 199, 3473 of 1994, 3474 of 1994, 1851 of 1994, 1852 of 1994, 13723 of 1994 and 2441 of 1994 as the common question of law and facts are involved in the aforesaid cases.
(2.) It is not in dispute that the controversy involved in these cases is squarely covered on facts as well as on law by a judgment of the Division Bench rendered by this Court in CWP No. 1402 of 1995 decided on December -,1995 titled Dharamvir v/s. State of Haryana and Anr. Learned Counsel appearing for the parties have also agreed that in fact the aforesaid controversy in Dharamvir's case supra has also arisen from the same advertisement and the selection process as is involved in the present cases.
(3.) The Division Bench while allowing the aforesaid Writ Petition has observed as follows: The learned Counsel for the petitioner contended that as he was Graduate with Geography and also a Bachelor in Education on the date of submission of the application, he is eligible to be appointed as a Social Studies Master. In the Punjab Education Service Class III School Cadre Rules, 1955, the education qualifications required for appointment to the post of S.S. Master is only B.A. Or M.A/M.Sc. SSTC or B.T. Senior Basic Trained. The petitioner possess the degree of B.A. And also Bachelor Degree in teaching. Therefore, the petitioner fulfilled the qualifications as prescribed in the advertisement issued for filling up the posts of S.S. Masters is contrary to the rules. The rules do not provide that the candidate must be a graduate with any of the two subjects namely, History, Political Science, Geography and Sanskrit. Therefore, it is clear that the advertisement runs contrary to the rule. The rules are statutory rules and therefore, no advertisement can be issued contrary to the rules and no additional qualification not mentioned in the rules can be prescribed for appointment. As the petitioner is a Graduate in Geography and also having a degree of Bachelor in teaching, we are of the opinion that he fulfilled the qualifications prescribed for the post under the rules. He is eligible for being considered for the post of Social Studies Master. The rejection of the candidature of the petitioner on the ground that he did not possess the qualifications as per the advertisement, cannot be justified under law. We are, therefore, of the opinion that the petitioner shall be considered for appointment if he is otherwise found suitable.;