Gurpreet Singh vs Director, Public Instruction, Secondary Education, Punjab

Tejinder Singh Dhindsa, J.—The Department of Secondary School Education, State of Punjab, issued an advertisement on 29.8.2007 (Annexure P-1) inviting applications from the eligible candidates for recruitment to the post of Educational Services Providers in various subjects including English, Punjabi and Hindi. The last date mentioned in the advertisement for submission of application forms complete in all respects was 17.9.2007. The professional qualifications prescribed in the advertisement for the post of English Master/Mistress, Punjabi Master/Mistress and Hindi Master/Mistress were in the following terms:-

English Master/Mistress:-

(i) Graduate from a recognized University with English as an elective subject in all the three years of graduation.

(ii) with teaching of English in B.Ed.

(2) Social Studies Master/Mistress xxx Not relevant xxx

(3) Punjabi Master/Mistress:-

(i) Graduate from a recognized University with Punjabi as an elective subject in all the three years of graduation.

(ii) with teaching of Punjabi in B.Ed.

(3) Hindi Master/Mistress:-

(i) Graduate from a recognized University with Hindi as an elective subject in all the three years of graduation.

(ii) with teaching of Hindi in B.Ed.

A perusal of the same would reveal that the qualifications prescribed for English, Punjabi and Hindi Master/Mistress were identical i.e. Graduate from a recognized University with English, Punjabi or Hindi as an elective subject in all the three years. That apart the requirement was of teaching the subject concerned in B.Ed. It so transpires that a corrigendum was, thereafter, issued on 31.8.2007, wherein for the post of English Master/Mistress, the requisite qualification was changed and it was prescribed in the following terms:-

(A) Graduate from a recognized University and English has studied as a teaching subject in all the three years.

(B) English should have studied as a teaching subject in B.Ed.

Or

M.A. English with B.Ed.

As such in terms of corrigendum issued, the candidates for the post of English Master/Mistress possessing qualification of M.A. English along with B.Ed. were made eligible. The petitioner, who holds the qualification of graduation with Punjabi as a teaching subject in all the three years as also a Post-Graduate Degree in Punjabi with B.Ed., has filed the present petition with grievance that the criteria in so far as prescribed experience and qualifications for the post of Educational Services Providers has to be identical in respect of subjects English, Punjabi and Hindi.

Learned counsel for the petitioner would vehemently contend that if in case of English Master/Mistress, the candidates possessing M.A. English with B.Ed. were made eligible in terms of corrigendum dated 31.8.2007, the present petitioner had a vested right for parity in terms of his eligibility to be recognized for the post of Punjabi Educational Services Providers. Counsel would submit that relaxation/change of criteria with regard to qualifications prescribed for the post of English Master/Mistress (Educational Services Providers) without granting the same relief to the post of Punjabi Teacher or Hindi Teacher would be discriminatory and would be in violation of Articles 14 & 16 of the Constitution of India.

The State of Punjab has filed reply by way of counter affidavit of Director of Public Instruction (S.E.) Punjab. In the reply, a stand has been taken that the qualifications of Educational Services Providers in Punjabi and Hindi Teachers were prescribed in terms of guidelines regarding the qualification as provided by the Service Rules. In pursuance to an order passed by the Court directing the State Government to place on record the relevant statutory service regulations governing the service, an additional affidavit dated 30.4.2012, of the Deputy Director (School Administration) was also filed. Appended along with additional affidavit was a copy of the statutory service regulations (Annexure R-1) called the Punjab State Education Class III (School Cadre) Services Rules, 1978. A perusal of Annexure R-1 would clearly reveal that for the post of Punjabi Master/Mistress, as also the Hindi Master/Mistress, the qualifications as prescribed are essentially the same being identical to as prescribed in the advertisement dated 29.8.2007. Service Regulations would also reveal that they do not govern any post by the nomenclature of English Master/Mistress (Educational Services Prover).

The basic qualifications and professional qualifications as prescribed in the advertisement dated 29.8.2007 (Annexure P-1) for the purpose of Punjabi Master/Mistress as also Hindi Master/Mistress are the statutory qualifications as prescribed in the 1978 Rules. No exception to the same can be made. Even though in so far as English Mater/Mistress (Educational Services Providers), a changed/relaxed criteria in terms of qualifications was prescribed in the corrigendum, the same would not vest the right with the petitioner to claim parity. Even though the reply filed on behalf of the State furnishes no justification for the issuance of corrigendum on 31.8.2007, but it would be presumed that the same was issued for justifiable reasons. The post of English Master/Mistress is not covered under the statutory service regulations. It is open for the respondent department to prescribe qualifications in response to which applications were sought for filling up of 1000 posts of English Educational Services Providers. No mandamus can be issued to the respondent-authorities to relax the qualification prescribed under statutory service regulations for the purpose of Punjabi Master/Mistress (Educational Services Providers)

There is yet another basis on account of which I am not inclined to interfere in the present writ petition. In advertisement (Annexure P-1) dated 29.8.2007, the last date for submission of the application forms was 17.9.2007. Accordingly, the petitioner at the very threshold was aware as regards the qualifications prescribed for Punjabi Master/Mistress (Educational Services Providers). The corrigendum in which the criteria had been changed/relaxed for the English Master/Mistress was also issued on 31.8.2007. The claim as raised in the present petition should have been raised at the very outset. The petitioner has filed the present petition after the last date of submission of application forms fully knowing that he is not eligible for the post of Punjabi Master/Mistress (Educational Services Providers). Rather learned counsel for the petitioner has very fairly conceded that the petitioner had applied for the post of Social Studies (Educational Services Providers) as he was fully eligible for such post in terms of the advertisement dated 29.8.2007. In the light of such peculiar facts, it cannot be open for the petitioner to raise the challenge to the basic qualifications and professional qualifications prescribed for the Punjabi Master/Mistress by filing the present petition after the last date of submission of applications, whereby the process of selection already stood initiated. For the aforesaid reasons, I find no merit in the petition. The same is, accordingly, dismissed.