Punjab-Haryana High Court
Harjeet Kaur vs State Of Punjab And Others on 21 August, 2012
Author: Hemant Gupta
Bench: Hemant Gupta, Rajiv Narain Raina
LPA No. 302 of 2012 1
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
LPA No. 302 of 2012
Date of Decision: 21.08.2012
Harjeet Kaur
... Appellant
Versus
State of Punjab and others
... Respondents
CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present : Mr. Harinder Sharma, Advocate
for the appellant.
Mr. Anupam Singla, Advocate
for respondent No.2.
1. To be referred to the reporters or not?
2. Whether the judgment should be reported in the digest.
HEMANT GUPTA, J.
The present appeal under Clause X of the Letters Patent is directed against the order dated 12.1.2012 passed by the learned Single Judge, whereby the writ petition filed by the appellant was dismissed.
The appellant has challenged the order dated 2.6.2011, whereby she has been declared ineligible for appointment to the post of Hindi Mistress, which was advertised on 21.11.2010. As per the advertisement, the eligibility condition was that a candidate should be graduate with 50% marks from a recognized university with Hindi as one of the elective subject in all the three years of Graduation and B.Ed. with 50% marks along with Hindi as one of the teaching subject.
The grievance of the petitioner is that as per the "Punjab State Education Class-III (School Cadre) Service Rules, 1978" as Kumar Vimal 2012.08.24 11:37 I am the author of this document Chandigarh LPA No. 302 of 2012 2 amended, the condition of eligibility is graduate only. There is no condition that a candidate should have qualified the course with Hindi as a subject and B.Ed. Degree with Teaching of Hindi. The condition of qualification in a subject is not the condition mentioned in the rules.
Learned Single Juge has dismissed the writ petition rightly for the reason that the appellant is estopped to challenge the selection process, having participated in the process of selection without demur. The appellant cannot complain that prescribed educational qualifications in advertisement were contrary to rules. Apart from the said reason, we find that the rules relied upon by the learned counsel for the appellant are not applicable to the appellant, as the appointment is being made in Sarv Sikhia Abhyan, a scheme formulated by the Government of India. Still further, it is always open to the employer to fix better qualification than what is fixed in the Rules. The post advertised is of Hindi. For such post of Hindi Mistress, the qualification in the said subject is reasonable and proper.
We do not find any illegality in the order passed by the learned Single Judge.
Dismissed.
(HEMANT GUPTA) JUDGE (RAJIV NARAIN RAINA) JUDGE 21.08.2012 'sp'/Vimal Kumar Vimal 2012.08.24 11:37 I am the author of this document Chandigarh