Shilpi Sachdeva vs State of Punjab and Others

Tejinder Singh Dhindsa, J.—The petitioner has approached this Court in terms of filing the instant writ petition being aggrieved of the action of the Rashtriya Madhyamik Shiksha Abhiyan Authority, Punjab (hereinafter to be referred as ''the authority'') in having denied her appointment to the post of Hindi Teacher. Briefly noticed, an advertisement was issued by the authority dated 12.01.2010 inviting applications for recruitment to various posts including 445 posts of Hindi Teachers. The basic and provisional qualifications prescribed for the post of Hindi Teacher was graduate from a recognized university with Hindi as one of the elective subject in all the three years of graduation and B.Ed with Hindi as one of the teaching subject. In the advertisement itself, there was a specific condition as regards weightage to be granted towards experience. In terms of such stipulation, 1 mark for each completed year and 0.5 marks for experience of more than six months but less than 1 year was admissible. However, it was categorically stipulated that only such experience would be counted which is from a government school or a government aided school.

Counsel for the petitioner would submit that having applied for the post of Hindi Teacher on account of possessing the essential provisional qualifications, merit of the petitioner has been determined at 137.68 marks, whereas the cut off i.e. the last selected candidate has been determined at 140.77. The solitary contention raised by the counsel is that the petitioner has not been awarded any marks towards teaching experience even though she possessed more than seven years teaching experience in the Singh Sabha Middle School, Malout.

On the last of hearing i.e. on 01.07.2013, counsel for the petitioners had sought time to place on record the relevant document/material to demonstrate that the school in which the petitioner had gained experience is either a government school or a government aided school.

Today, during the course of hearing, counsel for the petitioner has very fairly conceded that Singh Sabha Middle School is neither a government school nor a government aided school.

The petitioner having submitted the application for appointment to the post of Hindi Teacher in pursuance to advertisement issued by the authority at Annexure P-1 would be governed strictly in terms of conditions and stipulations contained therein. Weightage towards teaching experience was admissible only with regard to experience from a government school and government aided school.

In the light of the conceded position of fact that the institution where the petitioner had taught not being a government school or a government aided school, I find no infirmity in the action of the respondent-authorities in having denied to her weightage for such teaching experience. There is no merit in the petition and the same is accordingly dismissed.