- (1.) Two petitioners have approached this Court invoking its extra ordinary jurisdiction under Articles 226/227 of the Constitution of India, seeking as writ in the nature of certiorari for quashing the order Annexure P-32, whereby the representations of the petitioners dated 28.11.2006 (Annexure P-30 and P-31), have been wrongly rejected and also a writ in the nature of mandamus seeking a direction to the respondents to consider and appoint the petitioners to the posts of Headmasters (Male) in the General Category for having higher merit percentage as compared to other candidates shown in the same category who were having low percentage.
(2.) Vide advertisement dated 1.10.2006, Secretary, Department of School Education, Punjab, offered 431 posts of Headmasters for male/female in the ratio of 50-50, out of which 215 posts were offered for General Category in the ratio of 50% to male which came out to be 107 posts.
(3.) The salient features of the advertisement pertaining to post of Headmaster are as under :- Basic Qualification and professional qualification Degree of any U.G.C. Recognized University with B.T. Or B. Ed. Or Senior Basic Training with the following sentence : (1) In case of M.A. or M.Sc. with M.Ed-B.Ed. Six years (2) In case of M.A. Or M.Sc. With B.T./B.Ed - Seven years. (3) In case of B.A. Or B.Sc. Or B.Com with BT, or B.Ed. - Eight Years. (4) In case of D.P. Ed. or B.P.Ed. - Eight Years from the date physical Education was introduced compulsory in the school. (5) In case of B.A. Or B.Sc. Or B.Com. With M.Ed. - Seven Years. Mode of Selection The recruitment shall be strictly made to respective categories on merit, without a recruitment test or interview marks. Merit will be prepared by adding the percentage of marks obtained in basic minimum prescribed academic qualification and basic minimum prescribed professional qualification. Merit shall be computed by Centre for Development of Advanced Computing, a Scientific Society of Ministry of Communications & Information Technology, Government of India (C-DAC). General Conditions :- 1. The candidates applying for post must ensure that they fulfill all the eligibility conditions. If on verification at any time before or after appointment it is found that they do not fulfill any of the eligibility conditions or it is found that the information furnished is false or incorrect their candidature will be cancelled. 2. Reservation under ex-servicemen quota is admissible to the bonafide/ex- servicemen or their dependents. Such ex-servicemen/dependent before issue of appointment letter, shall have to produce a certificate issued by the competent authority appointed by the Government. 3. Candidates seeking reservation under Freedom Fighter Quota will include his/her children/grand children. They shall, before the issue of appointment letter, produce such requisite certificate issued by the competent authority. 4. Candidate seeking reservation under sports quota, before the issue of appointment letter, shall have to produce a certificate that they belong to the State of Punjab. They shall also be required to produce before issue of appointment letter a certificate indicating that they have won 1st, 2nd or 3rd position in team or individual events in the State Level Championship in any of the discipline affiliated to Punjab Olympic Association organized by the State Level Federation. In case of reputed Non Olympic disciplines such as Cricket and Tennis, winner should have attained any of the Ist three positions in a State-Level Association Affiliated to the concerned National Federation. The sports certificate duly graded by the Director of Sports Punjab shall be a prerequisite of issue of appointment letter in the case of candidate who applies under sports quota category. 5. Candidate seeking reservation meant for the members of Backward Classes of Punjab State only shall have to produce Backward Class Certificate as prescribed by the State Government issued by the competent authority before the issue of appointment letter. 6. Candidates seeking reservation under Handicapped Quota shall have to produce a Medical Certificate of 40% permanent/partial disability of upper or lower, extremity, deformity but otherwise fit for civil employment against the post applied for issue by the competent authority before issue of appointment letter. This certificate must be issued from the following authorities :- (a) Class-I Medical Officer of any Govt. Medical Institution/Hospital. (b) PMO, CMO/Civil Surgeon of the District or Place of which the applicant is permanent resident. 7. The candidate much have passed Matriculation examination with (not legible) as one of the compulsory or elective or any other equivalent examination in Punjabi Language. 8. Age between 18 to 37 years as on 1.1.2006. (a) Relaxation in age by 5 years for SC/ST and other Backward Classes. (b) Relaxation in age up to 40 years for widow/legally separated/divorced women. (c) To the extent of 10 years for physically handicapped persons on production of Medical Certificate from the competent authority. (d) Ex-servicemen as per Punjab Government Recruitment Rules, 1982 as amended from time to time. (e) 45 years for persons already in the employment of Punjab Government other State Government or the Government of India. 9. Only those Government employees shall be eligible to be issued appointment letters who are certified by the Head of Department as not having any pending disciplinary proceedings or undergoing punishment under Punjab Civil Services (Punishment & Appeal) Rules, 1970 or any other applicable Rules as the case may be, not undergoing any trial/prosecution or any other material disqualification in terms of integrity and professional misconduct. 10. The candidate must possess prescribed Educational Qualification and Professional Qualification for the post applied for on or before the last date of receipt of application. The cut off date for all intents and purposes for eligibility determination is the date on which the application is filed and not any later date such as the date of any document verification or the date of issue of appointment letter or the date of joining. 11. Lower and upper age shall be determined as on 1.1.2006. 12. The benefit of reservations is admissible to the domicile of Punjab only. 13. The calculation details of reserve posts indicated in this advertisement may marginally change in view of Punjab Government Department of Personal and Administrative Reforms Letter No. 8/30/96-3 PP-1/17240 dated 21.08.97. JUDGEMENT_198_LAWS(P&H)4_2008.JP2.html Pursuant to the advertisement, both the petitioners applied for the post of Head Masters in General Category male by submitting on line applications between 23.11.2006 to 8.11.2006. On the receipt of application forms on 13.11.2006, C-DAC, Mohali issued compilation of the scrutiny of the eligible candidates. The forms of the petitioners were in order and they were also found eligible. They were issued scrutiny forms by Secretary after verifying their respective percentage having merits at 65.68% and 68.56% respectively. Result was declared on 21.11.2006 which was published in the Chandigarh Tribune on the same day, but the names of the petitioners were conspicuous by its absence, though the last selected candidate in their category had merit at 64.90%, which was obviously lower than the percentages obtained by the petitioners. According to the petitioners, objections were raised by them by meeting C-DAC, Mohali as well as sending two-e-mails to him for appointing candidates lower in merit, but no response was received, therefore, the petitioners were compelled to file C.W.P. No. 18733 of 2006 in which notice of motion was issued and on the asking of the Court, Additional Advocate General, Punjab, accepted the notice in the Court. Thereafter, vide order dated 27.11.2006, their writ petition was disposed of with a direction that if the petitioners approach Director Public Instructions, Secondary Education, Punjab, with a detailed representation, then their claim shall be adjudicated by a well reasoned speaking order The order that has been passed in C.W.P. No. 18733 of 2006 is being reproduced as under :- "Notice of motion. On our asking, Mr. Ashok Aggarwal, Additional Advocate General, Punjab, accepts notice on behalf of respondent Nos. 1 to 3. Learned counsel for the respondents on instructions from Mr. Ram Singh, Law Officer, Office of the D.P.I. Secondary Education, Punjab, states, that if the petitioners approach the D.P.I. Secondary Education, Punjab, with the details, as have been depicted in the instant writ petition, within two days from today, their claim will be adjusted upon within ten days thereafter, by passing a well reasoned speaking order, if the claim of the petitioners is to be rejected. Alternatively, the petitioners will be issued offers of appointment. In view of the statement made by learned counsel for respondent Nos. 1 to 3, the instant writ petition is disposed of, with a clear direction, that the statement made on behalf of the respondents shall be binding on the respondents. A copy of this order be given dasti to the learned counsel for the petitioners on payment of usual charges." Pursuant to the aforesaid order, the petitioners submitted their detailed representations on 28.11.2006 which are attached with this writ petition as Annexures P-30 and P-31 respectively. Vide the impugned order dated 14.12.2006, respondent No. 3 rejected the representations of the petitioners. The impugned order dated 14.12.2006 is attached by the petitioner as Annexure P-32.;