TaxTMI 
TaxTMI 
2000 (5) TMI 1041
X X X X Extracts X X X X
X X X X Extracts X X X X
....ocial Studies 0201 3000 ii) Fine Arts 0203 10 iii) Music 0204 10 iv) Home Science 0205 05 Total 3025 Educational Qualification : i) For Social Studies Masters/Mistresses : B.A./B.Ed. with the combination of two subjects out of the following seven subjects History Economics Political Science Geography Public Administration Psychology Sociology with relevant teaching subject in B.Ed. ii) For Fine Arts Masters/Mistresses : B.A. in Fine Arts with B.Ed. iii) For Music : B.A. in Music with B.Ed. iv) For Home Science : B.A./B.Sc. Home Science with B.Ed. (Applicant must have relevant teaching subject in B.Ed.) xx xx xx xx Note :- 1) All the applicants must have passed Punjabi at the level of Matriculation. 2) For all categories of teachers the minimum age is 18 years and maximum limit of age is 36 years on the dt. 01.01.96. Age concession will be admissible under rules to the reserved classes. On 7th October, 1996 a corrigendum was issued whereby the upper age limit was increased to 42 years as on 1.1.1996. The corrigendum read as under :- In the advertisement for selection of School Master/Mistresses published on 12.01.96 and for ETT/JBT teachers on ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d that ineligible persons were selected while the two petitioners who were eligible and more meritorious than some of the persons selected, were not so selected and their names did not figure in the list of selected candidates as released by the Director of Public Instructions (Schools), Chandigarh on 30th December, 1996. By its judgment dated 22.5.1997 the High Court dismissed the petition forming an opinion that the cut off date for determining the eligibility of the aplicants by reference to the advertisement was 15.2.1997 and if anyone was not educationally qualified so as to be eligible to make an application on 15.2.97, his application could not have been entertained. As to the corrigendum dated 7.10.96 the High Court formed an opinion that it had the effect of extending the cut off date by reference to which age eligibility was to be determined but rest of the eligibility requirements were to be judged by reference to 15.2.96. The memo dated 17.3.97 was beyond the power of the Government, in the opinion of the High Court and could not have been issued. The High Court thus found the petitioners before it not entitled to any relief and directed the petition to be dismissed. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nts are proposed to be terminated by the State Government in view of the interim orders passed by the High Court. All these petitions have been directed to be dismissed. C.W.P. 2513/98 was filed by a petitioner who complained that she was denied the opportunity of joining in the process of recruitment having been considered to be ineligible though one of the respondents in the petition filed by her was considered and selected. Another similar petition registered as CWP 18992/97 was filed by a candidate who was not called for interview having been considered to be ineligible. These petitions have also been dismissed holding the petitioners therein not entitled to any relief in view of their own ineligibility. The petitioners in C.W.P. 2513/98 and 18992/97 have not pursued the matter further though some of the respondents therein have come up in appeal feeling aggrieved by their ineligibility also having been adjudged by the judgment of the High Court though they were selected. All these petitions having been disposed of by the High Court by a common judgment dated 21.9.98 several appeals referred to herein above have been filed in this Court. C.W.P. 356/99 has been filed in this ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d by the rules then such date as may be appointed for the purpose in the advertisement calling for applications; ii) that if there be no such date appointed then the eligibility criteria shall be applied by reference to the last date appointed by which the applications have to be received by the competent authority. The view taken by the High Court is supported by several decisions of this Court and is therefore well settled and hence cannot be found fault with. However, there are certain special features of this case which need to be taken care of and justice done by invoking the jurisdiction under Article 142 of the Constitution vested in this Court so as to advance the cause of justice. In view of several decisions of this Court relied on by the High Court and referred to herein above, it was expected of the State Government notifying the vacancies to have clearly laid down and stated the cut off date by reference to which the applicants were required to satisfy their eligibility. This was not done. It was pointed out on behalf of the several appellants/petitioners before this Court that the practice prevalent in Punjab has been to determine the eligibility by reference to th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ty requirements, i.e. those relating to education, were to be tested by reference to 15.2.96 and not 30.10.96. At least the corrigendum did not specifically say so. There are no malafides alleged. It has not been the case of anyone aggrieved and certainly not a finding arrived at by the High Court that satisfaction of eligibility requirement by reference to the last date of making of the applications was not rigorously insisted on by the authorities of Education Department or the Selection Board for the purpose of accommodating or obliging any favoured candidate or candidates. The enquiry set up pursuant to the orders of the High Court has also not brought out any finding enabling such an inference being drawn. The action on the part of the Selection Board and the authorities of the Education Department, though mistaken and unsustainable in law, was bonafide and a result of loose practice prevalent till then which has been discontinued now. In our opinion it would cause grave injustice to the several appellants before us if their selection and appointment were struck down and they were now asked to seek employment elsewhere. Most of them, if not all, must have crossed the upper age....