Punjab-Haryana High Court
Mandeep Kaur vs State Of Punjab And Others on 26 July, 2024
Bench: Sureshwar Thakur, Sudeepti Sharma
Neutral Citation No:=2024:PHHC:094680-DB
LPA-1224-2023 AND CONNECTED CASES -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH.
Reserved on: 16.07.2024
Pronounced on: 26.07.2024
1. LPA-1224-2023
MANDEEP KAUR .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
2. LPA-1226-2023
AMITA AND ANR. .....Appellants
Versus
STATE OF PUNJAB AND ORS. ....Respondents
3. LPA-1232-2023
NEETU .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
4. LPA-1233-2023
SUKHPAL SINGH .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
5. LPA-1234-2023
INDERJEET KAUR .....Appellant
Versus
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LPA-1224-2023 AND CONNECTED CASES -2-
STATE OF PUNJAB AND ORS. ....Respondents
6. LPA-1248-2023 (O & M)
KULWINDER SINGH AND ANR ......Appellants
Versus
STATE OF PUNJAB AND ORS. ....Respondents
7. LPA-1249-2023 (O & M)
RUPINDERPAL KAUR .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
8. LPA-1297-2023
DEVINDER RANI AND ANR. .....Appellants
Versus
STATE OF PUNJAB AND ORS. ....Respondents
9. LPA-1351-2023
PARAMJEET KAUR AND ANR. .....Appellants
Versus
STATE OF PUNJAB AND ORS. ....Respondents
10. LPA-1355-2023 (O & M)
AMANDEEP KAUR .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
11. LPA-1369-2023 (O & M)
KULVINDER KAUR ALIAS KULWINDER KAUR AND ORS.
.....Appellants
Versus
STATE OF PUNJAB AND ORS. ....Respondents
12. LPA-1398-2023
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LPA-1224-2023 AND CONNECTED CASES -3-
RAJESH PAL .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
13. LPA-1460-2023
JATINDER KUMAR AND ANR. .....Appellants
Versus
STATE OF PUNJAB AND ORS. ....Respondents
14. LPA-1563-2023
JASVIR KAUR AND ANR. .....Appellants
Versus
STATE OF PUNJAB AND ORS. ....Respondents
15. LPA-1575-2023
SATNAM SINGH .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
16. LPA-1627-2023 (O & M)
RAJ KUMAR .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
17. LPA-1446-2023 (O & M)
ASHOK KUMAR JAGGI AND ANR. .....Appellants
Versus
STATE OF PUNJAB AND ORS. ....Respondents
18. LPA-1461-2023 (O & M)
NITIKA RANI AND ANR. .....Appellants
Versus
STATE OF PUNJAB AND ORS. ....Respondents
19. LPA-1731-2023 (O & M)
GURPREET KAUR .....Appellant
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LPA-1224-2023 AND CONNECTED CASES -4-
Versus
STATE OF PUNJAB AND ORS. ....Respondents
20. LPA-1844-2023 (O & M)
MUNISH PABBI .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
21. LPA-1846-2023 (O & M)
DARBARA SINGH .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
22. LPA-1812-2023 (O & M)
MONIKA RANI AND ANR. .....Appellants
Versus
STATE OF PUNJAB AND ORS. ....Respondents
23. LPA-1813-2023 (O & M)
REETA RANI .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
24. LPA-458-2024 (O & M)
MAMTA RANI .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
25. LPA-1964-2023 (O & M)
JATINDER SINGH .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
26. LPA-1858-2023 (O & M)
BALJEET KAUR AND ANOTHER .....Appellants
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LPA-1224-2023 AND CONNECTED CASES -5-
Versus
STATE OF PUNJAB AND ORS. ....Respondents
27. LPA-1904-2023 (O & M)
GURMEET KAUR .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
28. LPA-345-2024 (O & M)
MANJU .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
29. LPA-1442-2024 (O & M)
NISHA RANI AND ORS. ....Appellants
Versus
STATE OF PUNJAB AND ORS. ....Respondents
30. LPA-546-2024 (O & M)
HARJINDER KAUR .....Appellant
Versus
STATE OF PUNJAB AND ORS. ....Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Argued by: Mr. Sunny Singla, Advocate and
Ms. Riti Aggarwal, Advocate for the appellant(s)
(In LPA Nos.1224, 1226, 1232, 1234, 1233, 1241, 1248,
1351, 1355, 1460, 1575, 1563, 1627, 1398, 1813, 1846,
1853, 1812, 1249, 1844, 1858 and 1297 of 2023 and 345,
546, 1442 of 2024).
Ms. Deepa Negi, Advocate for
Mr. S.S.Swaich, Advocate
for the appellant (in LPA-1904 and 1964-2023).
Dr. Rau P.S. Girwar, Advocate
for the appellant (in LPA-458-2024).
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LPA-1224-2023 AND CONNECTED CASES -6-
Mr. Maninder Singh, Sr. DAG, Punjab.
****
SURESHWAR THAKUR, J.
1. All the LPAs herein though involve common question of law relating to non granting of relaxation in terms of Rule 19 of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 (hereinafter for short called as 'the 1994 Rules'), but yet though they arise from different advertisements/notice(s) issued, thus for making direct recruitments to different posts, nonetheless given the commonality(ies) of question of law (supra), inasmuch as, qua the validity(ies) of the raised espousals for relaxations in the upper age limit, becoming assigned to the appellants, thus they are liable to be decided through a common verdict.
2. Be that as it may, the facts of each of the writ petition(s) (supra) are yet required to be separately delineated.
LPA-1224-2023
3. The appellant herein prays for a mandamus being made upon the respondent concerned, to consider her case for appointment, to the post of Punjabi Mistress in Master Cadre as advertised on 28.02.2020, by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for the quashing of clause 5 of the advertisement (supra), whereby the upper age limit of 37 years for general category candidates has been prescribed by the respondents in an illegal and arbitrary manner and ignoring the peculiar facts and circumstances of the case, especially the one appertaining to the 6 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -7- respondent-Department advertising the said posts after lapse of a considerable period of time.
LPA-1226-2023
4. The appellants herein pray for a mandamus being made upon the respondent concerned to consider their cases for appointment to the posts of ETT Cadre, as advertised on 30.07.2021 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
LPA-1232-2023
5. The appellant herein prays for a mandamus being made upon the respondent concerned to consider her case for appointment to the posts of Master Cadre as advertised on 16.12.2021 and Public Notice dated 08.01.2022 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the public notice (supra).
LPA-1233-2023
6. The appellant herein prays for a mandamus being made upon the respondent concerned to consider his case for appointment to the posts of Master Cadre as advertised on 16.12.2021 and Public Notice dated 08.01.2022 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the public notice (supra).
LPA-1234-2023
7. The appellant herein prays for a mandamus being made upon the respondent concerned to consider her case for appointment to 7 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -8- the posts of Master Cadre as advertised on 08.01.2022 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
LPA-1248-2023
8. The appellants herein pray for a mandamus being made upon the respondent concerned to consider their case for appointment to the posts of ETT Cadre as advertised on 12.10.2022 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 (i) of the advertisement (supra).
LPA-1249-2023
9. The appellant herein prays for a mandamus being made upon the respondent concerned to consider her case for appointment to the posts of English Subject in Master Cadre as advertised on 06.04.2021 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
LPA-1297-2023
10. The appellants herein pray for a mandamus being made upon the respondent concerned to consider their case for appointment to the posts of ETT Cadre as advertised on 30.07.2021 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
LPA-1351-2023
11. The appellants herein pray for a mandamus being made upon the respondent concerned to consider their case for appointment 8 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -9- to the posts of Master Cadre as advertised on 28.02.2020 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
LPA-1355-2023
12. The appellant herein pray for a mandamus being made upon the respondent concerned to consider her case for appointment to the posts of Master Cadre as advertised on 16.12.2021 and public notice dated 08.01.2022 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the public notice (supra).
LPA-1369-2023
13. The appellants herein pray for a mandamus being made upon the respondent concerned to consider their case for appointment to the posts of Master Cadre as advertised on 28.02.2020 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
LPA-1398-2023
14. The appellant herein pray for a mandamus being made upon the respondent concerned to consider his case for appointment to the posts of ETT Cadre as advertised on 30.07.2021 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
LPA-1460-2023
15. The appellants herein pray for a mandamus being made upon the respondent concerned to consider their case for appointment 9 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -10- to the posts of ETT Cadre, as advertised on 06.03.2020 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
LPA-1563-2023
16. The appellants herein pray for a mandamus being made upon the respondent concerned to consider their case for appointment to the posts of ETT Cadre, as advertised on 12.10.2022 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 (i) of the advertisement (supra).
LPA-1575-2023
17. The appellant herein pray for a mandamus being made upon the respondent concerned to consider his case for appointment to the posts of Master Cadre, as advertised on 16.12.2021 and public notice dated 08.01.2022 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the public notice (supra).
LPA-1627-2023
18. The appellant herein pray for a mandamus being made upon the respondent concerned to consider his case for appointment to the posts of ETT Teachers, as advertised on 30.07.2021 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5(i) of the public notice (supra).
LPA-1446-2023
19. The appellants herein pray for a mandamus being made upon the respondent concerned to consider their case for appointment 10 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -11- to the posts of Master Cadre, as advertised on 28.02.2020 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
LPA-1461-2023
20. The appellants herein pray for a mandamus being made upon the respondent concerned to consider their case for appointment to the posts of Master Cadre, as advertised on 28.02.2020 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
LPA-1731-2023
21. The appellant herein pray for a mandamus being made upon the respondent concerned to consider her case for appointment to the post of ETT Teacher, by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules.
LPA-1844-2023
22. The appellant herein pray for a mandamus being made upon the respondent concerned to consider his case for appointment to the posts of ETT Cadre, as advertised on 30.07.2021 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
LPA-1846-2023
23. The appellant herein pray for a mandamus being made upon the respondent concerned to consider his case for appointment to the posts of ETT teachers, as advertised on 30.07.2021 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules.
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24. The appellants herein pray for a mandamus being made upon the respondent concerned to consider their case for appointment to the posts of ETT Cadre, as advertised on 30.07.2021 by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
LPA-1813-2023
25. The appellant herein pray for a mandamus being made upon the respondent concerned to consider her case for appointment to the posts of ETT Cadre, as advertised on 30.07.2021, by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
LPA-458-2024
26. The appellant herein pray for a mandamus being made upon the respondent concerned to consider her case for appointment to the posts of ETT Cadre, as advertised on 06.03.2020, by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
LPA-1964-2023
27. The appellant herein pray for a mandamus being made upon the respondent concerned to consider his case for appointment to the posts of ETT Teachers, as advertised on 30.07.2021, by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5(i) of the advertisement (supra).
LPA-1858-2023 12 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -13-
28. The appellants herein pray for a mandamus being made upon the respondent concerned to consider their case for appointment to the posts of ETT Teachers, as advertised on 30.07.2021, by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5(i) of the advertisement (supra).
LPA-1904-2023
29. The appellant herein pray for a mandamus being made upon the respondent concerned to consider her case for appointment to the post of ETT Teachers, as advertised on 30.07.2021, by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5(i) of the advertisement (supra).
LPA-345-2024
30. The appellant herein pray for a mandamus being made upon the respondent concerned to consider her case for appointment to the post of ETT Teacher, as advertised on 06.03.2020, by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5(i) of the advertisement (supra).
LPA-1442-2024
31. The appellants herein pray for a mandamus being made upon the respondent concerned to consider their case for appointment to the post of ETT Teacher, as advertised on 06.03.2020, by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules, and, for quashing of clause 5 of the advertisement (supra).
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32. The appellant herein prays for a mandamus being made upon the respondent concerned to consider her case for appointment to the post of ETT Teacher, as advertised on 06.03.2020, by granting the age relaxation in the upper age limit under Rule 19 of the 1994 Rules. Relevant contents of the reply/affidavit of Harpreet Singh, Assistant Director, Education Recruitment Directorate, Department of School Education, Punjab.
33. The list of LPAs concerned with different advertisements is extracted hereinafter.
Sr. No. Category Court Case Year Name of the CWP No. Subject Matter Appellant
1. LPA 1224 2023 Mandeep Kaur CWP 3704 Master No.5400 of Cadre (Overage 2021 Matter)
2. LPA 1249 2023 Rupinderpal CWP No. 2392 Master Kaur 9443 of 2021 Cadre (Overage Matter)
3. LPA 1234 2023 Inderjeet Kaur CWP No. 4161 Master 23838 of Cadre (Overage 2022 Matter)
4. LPA 1233 2023 Sukhpal Singh CWP No. 4161 Master 21070 of Cadre (Overage 2022 Matter)
5. LPA 1232 2023 Neetu CWP No. 4161 Master 17827 of Cadre (Overage 2022 Matter)
6. LPA 1355 2023 Amandeep Kaur CWP No. 4161 Master 3977 of 2022 Cadre (Overage Matter)
7. LPA 1575 2023 Satnam Singh CWP No. 4161 Master 4035 of 2022 Cadre (Overage Matter)
8. LPA 1563 2023 Jasvir Kaur CWP No. 5994 ETT 27353 of (Overage 2022 Matter)
9. LPA 1248 2023 Kulwinder Singh CWP No. 5994 ETT 25527 of (Overage 2022 Matter)
10. LPA 1351 2023 Paramjeet Kaur CWP No. 3704 Master 3578 of 2021 Cadre (Overage Matter)
11. LPA 1369 2023 Kulvinder Kaur CWP No. 3704 Master 6938 of 2020 Cadre (Overage Matter)
12. LPA 1413 2023 Jyotsana CWP No. 7654 Master Bhaskar 14634 of Cadre 2012 (Experience Challenge) 14 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -15-
13. LPA 1446 2023 Ashok Kumar CWP No. 3704 Master Jaggi 7645 of 2020 Cadre (Overage matter)
14. LPA 1461 2023 Nikita Rani CWP No. 3704 Master 7190 of 2020 Cadre (overage Matter)
15. LPA 1460 2023 Jatinder Kumar CWP No. 2364 ETT 7500 of 2020 (Overage Matter)
16. LPA 1297 2023 Devinder Rani CWP No. 6635 ETT 15241 of (Overage 2022 Matter)
17. LPA 1226 2023 Amita CWP No. 6635 ETT 15757 of (Overage 2021 matter)
18. LPA 1627 2023 Raj Kumar CWP No. 6635 ETT 15363 of (overage 2021 Matter) 19 LPA 1398 2023 Rajesh Pal CWP No. 6635 ETT 15744 of (Overage 2021 Matter)
20. LPA 1731 2023 Gurpreet kaur CWP No. 6635 ETT 20290 of (Overage 2022 matter)
21. LPA 1844 2023 Munish Pabbi CWP No. 6635 ETT 15744 of (Overage 2021 matter)
22. LPA 1846 2023 Darbara Singh CWP No. 6635 ETT 15823 of (Overage 2021 matter)
23. LPA 1812 2023 Monika Rani CWP No. 6635 ETT 15744 of (Overage 2021 matter)
24. LPA 1813 2023 Reeta Rani CWP No. 6635 ETT 15824 of (Overage 2021 matter)
25. LPA 1964 2023 Jatinder Singh CWP No. 6635 ETT 15363 of (Overage 2021 matter)
26. LPA 1858 2023 Baljeet Kaur CWP No. 6635 ETT 15363 of (Overage 2021 matter)
27. LPA 1904 2023 Gurmeet Kaur CWP No. 6635 ETT 17300 of (Overage 2021 matter)
28. LPA 458 2023 Mamta Rani CWP No. 2364 ETT 7223 of 2020 (Overage matter) The detail of appellants for the above mentioned advertised posts is as under :-
(i) For the 4161 posts of Master Cadre advertised on 08.01.2022.
LPA No. Reg. Subject Name Father DOB Category Marks Status No. Name 1575 of xxx Social Satnam Darshan 20.12.82 EWS 103 In the 2023 Studies Singh Singh (General) Selection Zone
--do-- General 103 15 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -16-
1355 of xxx Social Amandeep Rajinder 12.11.83 General 0 Absent
2023 Studies Kaur Singh
Punjabi Amandeep --do- --do-- General 141 In the
Kaur Selection
Zone.
Punjabi Inderjeet Sukhminder 20.02.80 Ex- 121 In the
Kaur Singh Serviceman Selection
(General) Zone.
Dependent
1233 of xxx Punjabi Sukhpal Sadhu Singh 06.06.83 EWS 142 In the
2023 Singh (General) Selection
Zone.
1232 of English Neetu Parbodh 30.09.80 General 126 In the
2023 Chander Selection
Zone.
ii) For the 3704 posts of Master Cadre advertised on 28.02.2020:-
LPA No. Reg. Subject Name Father DOB Category Marks Status
No. Name
1460 of xx English Nitika Rani Updesh 21.04.80 General 130 In the
2023 Kumar selection
zone.
Xx English Komal Lata Baldev 14.05.78 Ex- 101 In the
Sharma Kumar servicemen selection
Sharma (General) zone.
Dependent
1224 of xx Punjabi Mandeep Gursharan 18.11.82 -do- 102 In the
2023 kaur Singh selection
zone
1351 of xx Social Paramjeet Kaur Singh 07.08.78 -do 129 In the
2023 Studies Kaur selection
zone
xx English Ashok Balwan 04.08.81 -do- 89 In the
Kumar Singh selection
1466 of
Jaggi zone
2023
xx Science Anu Bansal Jia Lal 16.09.81 General 92 In the
Bansal selection
zone
1369 of xx English Kulwinder Kuldeep 02.06.81 General 124 In the
2023 Kaur Singh selection
zone
xx English Pooja Rani Parveen 16.06.82 General 130 In the
Singh selection
zone
xx Punjabi Gurinder Amrik Singh 10.12.82 EWS for 131 In the
Singh General selection
zone
xx Punjabi Charanjit Joginder 04.12.77 BC 131 In the
Kaur Singh selection
zone
xx English Gurpreet Sadhu Singh 22.02.82 General 125 In the
Kaur selection
zone
xx Social Lalita Nand Lal 05.01.82 General 104 In the
Studies (sports) selection
zone
(iii) For the 2364 posts of ETT Cadre advertised on 06.03.2020 :-
LPA No. Reg. Subject Name Father DOB Category Marks Status
No. Name
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1460 of x Jatinder The result of 2364
2023 Kumar ETT Posts
recruitment is not
finalized.
458 of Mamta --do--
2024 Rani
(iv) For the 5994 posts of ETT cadre advertised on 12.10.2022 :-
LPA No. Reg. Subject Name Father DOB Category Marks Status
No. Name
1248 of Kulwinder The result can only
2023 Singh be finalized after
compliance of
order passed in
CWP No. 6819 of
2023
1563 of Jasvir Kaur --do--
2023
(v) For the 7564 posts of various cadre advertised on 23.09.2009:-
LPA No. Reg. Subject Name Father DOB Category Marks Status No. Name 1413 of Jyotsana This case is 2023 Bhaskar concerned with the consideration of Experience Certificate.
(vi) For the 2392 Mastre Cadre posts :-
LPA No. Reg. Subject Name Father DOB Category Marks Status No. Name 1249 of English Rupinder Ajmer 29.05.83 General 133 Lower in Merit 2023 Pal Kaur Singh (not fall in selection zone).
(vii) For the 6635 posts of ETT Cadre advertised on 30.07.2021 :-
LPA No. Reg. Subject Name Father DOB Category Marks Status No. Name 1812 of ETT Kewal Mohinder 20.04.83 General 71 In selection 2023 Kalra Kalra zone.
1846 of ETT Darbara Jethu 12.03.80 General 70 In selection
2023 Singh Singh zone.
ETT Darbara Jethu 12.03.80 EWS for 70 In selection
Singh Singh General zone
1813 of ETT Reeta Rani Ashok 18.01.83 General 67 In selection
2023 Kumar zone
1226 of ETT Amita Suraj 07.11.83 General 63 In selection
2023 Mani zone
1731 of ETT Gurpreet Ram 05.02.76 BC 62 In selection
2023 Kaur Singh zone
1812 of ETT Monika Gagan 08.08.83 EWS for 59 In selection
2023 Rani Kumar General zone
1904 of ETT Gurmeet Tarsem 06.02.83 Ex 55 In selection
2023 Kaur Singh Serviceman zone
(General)
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1964 of ETT Jatinder Sawinder 21.03.83 Ex 54 In selection
2023 Singh Singh Serviceman zone
(General)
ETT Devinder Jagdish 25.02.80 Ex 53 In selection
Rani Raj Serviceman zone
1297 of (General)
2023
ETT Paramjit Kaur 07.08.78 Ex 47 In selection
Kaur Singh Serviceman zone
(General)
1398 of ETT Rajesh pal Om 24.03.80 General 63 In selection
2023 Parkash zone
1844 of ETT Munish Som Nath 11.11.82 General 63 In selection
2023 Pabbi Pabbi zone
ETT Raj Kumar Gian 04.01.79 EWS 61 In selection
Chand (General) zone
1627 of
2023 ETT Raj Kumar Gian 04.01.79 General 61 In selection
Chand zone.
Facts relevant for deciding the instant LPAs.
34. The appellants who belong to general/reserve category are uncontrovertedly in possession of the requisite educational qualifications, as laid down in the respective advertisement(s) and also they qualified the Punjab State Teachers Eligibility Test.
35. It has been laid down in the guidelines issued by the National Council for Teachers' Education (NCTE) that the appropriate Government shall conduct Teacher Eligibility Test at least once every year. The State of Punjab has not conducted the TET examination in 2017, when the appellants were eligible within the age limit for the posts and had only conducted the Punjab State Teacher Eligibility Test-
2017, in the year 2018. Despite the appellants qualifying the said test, they still cannot be considered for appointment to the respective posts on account of theirs crossing the upper age limit of 37 years (42 years in case of SC/BC). The appellants also submitted representation to the respondent concerned to increase the upper age limit from 37 years to 42 years for the advertised posts. However, the same has fixed between 18 to 37 years.
18 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -19- Common submissions of the learned Counsel for the appellants.
36. The learned counsels appearing on behalf of the appellants submit that the appellants despite possessing the requisite educational qualifications, yet they have been untenably deprived of their right for being considered against the advertised posts, thus merely on account of theirs being overage.
37. The counsels conjointly submit that since the acquisition of educational qualifications by the aggrieved appellants was a dire necessity for making them eligible to participate in the recruitment drive, as became initiated for making selections to the posts (supra). Moreover, they also submit that since the acquisition of the requisite educational qualification(s), inasmuch as, their qualifying the TET-2017 examination in the year 2018, rather became obstacled or impeded on the premise, that the said examination which was to be conducted by the State in the year 2017, rather remained then not conducted by the respondent State. Therefore, it is argued with vigor before this Court that thereby the provision [Rule 19 (supra) ] relating to assigning of benefit qua relaxation in upper age, thus is required to be usefully employed vis-à-vis the present appellants.
38. The learned Single Judge has ignored the major fact that when the matter was earlier listed, then the Hon'ble Court had considered the factum (supra) and as such, had permitted the writ petitioners/appellants, to participate provisionally in the examination, but with a direction to the respondent to not declare the results till 19 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -20- further orders of the Court. The contents of the said order become extracted hereinafter.
"It is the contention of the learned counsel for the petitioners that with regard to the relaxation in age in exercise of the powers conferred under Rule 19 of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, is pending consideration with the Government/Competent Authority, which decision is likely to be taken soon. He, therefore, submits that the petitioners will loose an opportunity of participation in the recruitment process as the last date of receipt of the applications is 18.03.2020.
Let three copies of the writ petition be handed over to Mr. Mehardeep Singh, Addl. A.G., Punjab, during the course of the day under proper receipt and signatures, who shall seek instructions with reference to the assertions of the petitioners with regard to the relaxation in the age.
List on 21.04.2020 for consideration.
In the meanwhile, application forms of the petitioners in the form of hard copy shall be accepted by the Director, Education Recruitment Board-cum-Director General School Education, Punjab - respondent No.3 today/tomorrow on submission by the petitioners. The result of the petitioners would not be declared till further orders of this Court..."
39. The advertised posts are governed by the Punjab Educational (Teaching Cadre) Border Area Group C Service Rules, 2018 (hereinafter for short called as the 2018 Rules) which further provides under Rule 10 thereof, qua in respect of those matters, which are not specifically provided for in these rules, thereupon, the members of the Service shall be governed by the apposite provisions embodied in 20 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -21- the 1994 Rules. Resultantly, therebys since the 2018 Rules, do not contain any provision with regard to the age limit for recruitment to the post/service, therefore by virtue of Rule 10 of the 2018 Rules, thus appertaining qua determination of the apposite eligible age, for participation in the recruitment process, rather the 1994 Rules do hold the field. The relevant Rules 5, 5A and 19 of the 1994 Rules are extracted hereinafter.
"5. Age :- (1) No person shall be recruited to the Service by direct appointment, if he is less than eighteen years or is more than thirty seven years of age in the case of technical and non technical posts on 1st day of January of the year immediately preceding the last date fixed for submission of application by the Commission or the Board, as the case may be:
Provided that where different lower and upper age limits have been specifically prescribed for posts in the Service Rules, these limits shall be made applicable for appointment to such posts;
Provided further that the upper age limit may be relaxed up to forty five years in the case of persons already in the employment of the Punjab Government, other State Government or the Government of India:
Provided further that in the case of candidates belonging to Scheduled Castes and other Backward Classes, the upper age limit shall be such as may be fixed by the Government from time to time.
(2) In the case of ex-servicemen, the upper age limit shall be such as has been prescribed in the Punjab Recruitment of Ex-servicemen Rules, 1982, as amended from time to time.
21 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -22- (3) In the case of appointment on compassionate grounds on priority basis, the upper age limit shall be such as may be specifically fixed by the Government from time to time.
(4) In the case of appointment of a War Hero, who has been discharged from defence services or para- military forces on account of disability suffered by him or his widow or dependent member of his family, the upper age limit shall be such as may be specifically fixed by the Government from time to time.
5A. Increase in upper age limit:- Notwithstanding anything contained in rule 5, on and with effect from the commencement of the Punjab Civil Services (General and Common Conditions of Service) Amendment Rules, 2010, where in any other Service Rules, or in Government instructions, the upper age limit for appointment to any Service or for any category of persons is different from thirty five years, it shall be deemed to have been increased by two years."
"19. Power to relax:- Where the Government is of the opinion that it is necessary or expedient to do, it may by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons: Provided that the provisions relating to educational qualification and experience, if any, shall not be relaxed."
40. Though the age relaxation is not a matter of right but in the instant case since there is a fault on the part of the Government in not conducting the PSTET in time, therefore this Court may direct the State Government to give relaxation in view of the above extracted Rule 19 of 'the 1994 Rules'.
22 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -23- Submission of the learned State counsel
41. The learned State counsel has vociferously submitted before this Court, that the espousal qua the useful employment of Rule 19 (supra), vis-à-vis the appellants, rather cannot be claimed as an indefeasible right by the appellants, as the employments thereofs vis-à- vis the appellants, but is a matter of policy. Therefore, vis-a-vis the controversies falling within the domain of the State policy, as is the present one, thus the High Court rather cannot exercise its review jurisdiction, as vested in it through Article 226/227 of the Constitution of India.
Reasons for rejecting the submissions of the learned State counsel.
42. For the reasons to be assigned hereinafter, this Court is of the formidable view that the instant case, is the one, where the power of relaxation, as contemplated in Rule (supra), has been untenably denied to the appellants, on the mis-premise that the employment of the said Rule vis-à-vis the appellants, is quartered within the exclusive domain of the apposite State policy and as such this Court cannot pass a mandamus.
43. Initially the reason for making the above conclusion becomes aroused from the power of this Court, to interpret the Rules (supra), therebys there is but investment of jurisdictional competence in the Writ Court. Resultantly therebys, this Court is required to be rather than treating the said Rule to be quartered in a policy domain, contrarily is required to be making an interpretation thereof. Reiteratedly, the power of making interpretation of the said Rules, thus falls exclusively within the domain of the Writ Court, as therebys it may ensure 23 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -24- decimation or canalization of the discretion vested in the Executive besides may curb mis-application(s) or mis-employment(s), besides may curb emergences of any arbitrariness or may restrain the respondent from practicing invidious discrimination against the appellants herein. Therefore, after concluding that an interpretation qua the said Rules, thus can be made by this Court, hence in the exercise of writ jurisdiction. Resultantly, the learned Single Judge rather was not required to ill assume, that since the Rules (supra) became quartered in a policy domain, therebys the writ Court has no jurisdiction to tinker with the said policy or to apply it favourably vis-a-vis the appellants.
44. Furthermore, this Court is led to make the hereafter inferences.
a) That the Rule (supra) enshrines an empowerment in the Executive to as and when it is necessary or expedient to do so, but for well informed reasons, to be recorded in writing, rather relax any of the provisions of the Rules qua any class or category. However, the proviso thereto speaks that the provisions relating to the educational qualifications and experience, if any, are unamenable for becoming relaxed.
b) Even though the said discretion is vested in the Executive besides the said conferred discretion is permissible to become exercised in respect of any class or category of persons. Since obviously the said made endowment, is thus with the widest amplitude but also necessarily is covering all classes or categories of persons. Resultantly therefroms an inference becomes aroused qua though Rule 24 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -25- 5 and 5A of the 1994 Rules, Rules whereof are extracted above, thus contemplate that the age relaxation is limited only to in service candidates, but yet when the power of relaxation (supra) also covers, but on the requisite circumstances being made out, rather all classes or category of persons, including those who appear as direct recruits in the screening test. Consequently, thereby the fetter or the limit created in Rule 5, 5A of the 1994 Rules, but becomes overcome, thus in the said exercisings of the rule discretion to confer relaxations. However, yet the said discretion has to become exercised but only where it is necessary or expedient to do so. As such, the coinages "where the Government is of the opinion that it is necessary or expedient to do", do require that for well employments thereofs but emergent circumstances are required to be making their evident appearance(s), thus for therebys the rule discretion to confer relaxation(s) in the upper age limit, becoming well endowed to the claimant concerned.
c) Therefore, it has to be fathomed from the circumstances existing on the record whether therebys the power of relaxation as conferred upon the executive thus to endow relaxation(s) in upper age limit, to the applicants, thus was amenable to become favourably exercised by the State.
d) The foundational facts, for the same being construed to be necessarily boosting the workability of Rule 19 of the 1994, for therebys conferring relaxations in upper age, are, in-so-far as appertaining to the instant case, thus hereunder :-
25 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -26-
i) The educational qualifications are required to be peremptorily possessed by the applicants, therebys the said imperative condition is un-relaxable. The un-relaxability of the said condition is also stated in the proviso underneath the said Rule. Consequently, the appellants were required to be imperatively possessing the educational qualifications concerned, but only when the TET examinations, which were to be conducted by the State, thus became conducted in the year 2017, especially when at the stage whereof, the appellants did also possess the age qualifications, wherebys they then did not require any relaxation in that regard, becoming granted in terms of Rule 19 of the 1994 Rules. Therefore, when the non conducting of TET examination in the year 2017, when barred the appellants to acquire the peremptory educational qualifications, in respect whereof, there is no power of relaxation vested in the executive, besides if the said examination was conducted in the relevant year, thereupons, when then the appellants were not required to be asking for the age relaxation. Resultantly, it is but the said non conducting of the examination concerned, which becomes the bedrock for the Government, in its taking to form an opinion, that the same, in terms of the Rule (supra), is a necessary factor or an expedient parameter, rather for forming a further opinion, that therebys the 26 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -27- power of age relaxation vested in the executive, becoming amenable for becoming extended to the appellants, despite the fact that the appellants are not service candidates, especially when the plenitude of the power of relaxation, but also extends to any class or category of persons, wherebys direct recruits thus also become endowed with the latitude to claim the apposite age relaxation.
ii) Therefore, despite the facts and circumstances (supra), whereby the Government may have been but led to form an opinion, that as such it is necessary or expedient to grant the age relaxation, whereas, its omitting to grant the age relaxation despite representations in the above regard being made, therebys the respondent has prima facie fallaciously and erringly failed to well employ the said Rule vis-a-vis the appellants.
iii) Moreover, when this Court had permitted to the appellants concerned, rather appear provisionally, through passing an interim order (supra) dated 17.03.2020 passed in CWP-6938-2020, but with a restraint on the respondents to not declare the results till the making of a decision upon the apposite writ petition. Since the said order remains unchallenged, therebys the said order acquires clinching and binding effect, whereby the respondents become forestalled to canvass, that in terms of the Rule (supra), the appellants are not entitled to age 27 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -28- relaxation nor thereby the learned Single Judge, could either overlook or minimize the significance of the said order, nor could he say that the above power of relaxation, is squarely quartered within the domain of the executive nor could he proceed to deny the benefit thereof to the appellants.
iv) Paramountly also, when it is yet not known whether the appellants have scored a notch in the merit list, whereby alone they can claim a right to be selected and thereafter may claim a right for being appointed to the respectively advertised posts. If so, the merit of the appellants, which may emanate after the release of the results of the recruitment examination(s) in which they provisionally participated. Moreover, when on release of the results of the recruitment examination, thus provisionally undertaken by the appellants, rather evidence personificatory, that they have acquired a selectable notch in the merit list, thus may surge forth. Consequently, their otherwise merit but would become untenably undermined, only on non purveying to them of the benefit of the Rule (supra). Therefore, to obviate the emergence of the above ill consequences, that the respondent is but required to, dependent upon the candidates existing at the relevant selectable notch in the merit list, but prior to the issuance of the appointment letters to them, thus make in terms of 28 of 29 ::: Downloaded on - 30-07-2024 01:19:26 ::: Neutral Citation No:=2024:PHHC:094680-DB LPA-1224-2023 AND CONNECTED CASES -29- the above interpretation assigned to the Rule (supra), thus a speaking decision over the apposite representation, so that therebys, qua the meritorious candidates or to the selected candidates, thus appointment letters can become issued.
Final Order of this Court.
45. In aftermath, this Court after finding merit in the appeals (supra) deems it fit and appropriate to interfere with the impugned order, as passed by the learned Single Judge.
46. The appeals are allowed. The impugned order is quashed and set aside. The respondent concerned is directed to in terms of the above interpretation made by this Court, decide within a period of two weeks from today, thus the representation(s)/claims of the appellants, relating to their amenability qua assigning qua them the relaxation in the upper age, thus in terms of Rule 19 of the 1994 Rules, and, to within a week thereafter, after completion of all codal formalities, but only if the names of the present appellants occur in the merit list/selection zone, to issue them appointment letters.
47. Since the main case(s) itself has been decided, thus, all the pending application(s), if any, also stand(s) disposed of.
(SURESHWAR THAKUR) JUDGE (SUDEEPTI SHARMA) 26.07.2024 JUDGE kavneet singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 29 of 29 ::: Downloaded on - 30-07-2024 01:19:26 :::