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Punjab-Haryana High Court
Jaswinder Kaur vs State Of Punjab And Anr on 7 May, 2024
Neutral Citation No:=2024:PHHC:063456
CWP-14133-2018 (O&M) 2024:PHHC:063456
-1 -
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
217
WP-14133-2018 (O&M)
C
Date of decision: 07.05.2024
Jaswinder Kaur
....Petitioner
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present : Mr. Kapil Kakkar, Advocate for the petitioner. Mr. Swapan Shorey, DAG, Punjab. * **** AMAN CHAUDHARY, J. (Oral) 1. The prayer made in the present petition is for directing the respondents to consider the claimofthepetitionerforappointmenttothepost of Educational Service Provider (English). 2. Learnedcounselcontendsthatthepetitionerisadmittedlyatserial No.7 of the waiting list and submits that there are 28 posts of English Education Service Provider (Female) that are vacant as depicted in RTI information dated 05.04.2010, Annexure P-19. It is his categoric submission based on instructions that the said posts are still vacant with regard to the advertisement in question. He submits that the issue with regard to the male candidates aspiring for the same post, the Coordinate Bench of this Court in Dilpreet Singhvs.StateofPunjabandothers,CWP-3206-2014,decidedon 13.02.2020, directing consideration of appointment to the petitioners therein. Thereafter, the CoordinateBenchinTejinderKumarandothersvs.Stateof Punjab and others, CWP-14655-2018, allowed the writ on 29.01.2024, in terms of the aforesaid judgment on the basis of the fact that the petitioner therein was lower in merit than Tejinder Kumar and others, who were in the 1 of 3 ::: Downloaded on - 09-05-2024 03:43:45 ::: Neutral Citation No:=2024:PHHC:063456 CWP-14133-2018 (O&M) 2024:PHHC:063456 -2 - waitinglistandtherewere32postslyingvacant. Learnedcounselalsosubmits that the petitioner had even on previous occasion approached this Court in LPA-1097-2012 as appellantNo.2inCWP-4379-2008,whichwasdisposedof on 31.10.2012 alongwith LPA-1046-2012 filed by Dilpreet Singh, Annexure P-14, holding that the corrigendum dated 31.08.2007 prescribing M.A. (English) with B.Ed. was introduced, did notrelatetoqualificationprescribed of graduation with English as an elective subject in all the three years. The relevant paras ofTejinder Kumar(supra) read thus:- " 8. In the case of Dilpreet Singh (supra), the Court passed the following order: " 9. If that be the factual position, other candidates having not even approached this Court with any grievances since the year 2010 till date, would not have a right for consideration for appointment to the post, especially inthe light of the fact that the petitioner has all through been agitating his claim, who are although higher in merit than the petitioner. It is well settled that bythepassageoftime, right if not agitated would lose its shin and cannot be pressedintoserviceonequitywhileapproachingthisCourt. Otherwisealso,ifasuitisnowpreferred,thesamewouldbe barred by limitation. 1 0.Inviewoftheabove,thepresentwritpetitionisallowed by quashing the impugned order dated 12.11.2013 (Annexure P-15) Direction is issued to the respondents to consider the claim of the petitioner for appointment to the post of English Master againsttheavailablepostasperthe advertisement dated 29.08.2007 within a period of one month. In case the petitioner is found eligible for appointment to the post, he be issued appointment letter within a further period of three weeks." 9 . The order was not challenged by the State and Dilpreet Singh was offered appointment as is apparent from Annexure P-30 placed on record with the application moved by the petitioners. The appointment order wasissuedon28.10.2020videofferletter No.20/50-2020 Estt 2 (6), which is as under: " On the recommendation of the recuritment directorate in lightofdecisionofHon'bleHighCourtdated13.02.2020in CWP-3206 OF 2014, on your selection as education provider, you are hereby offered appointment against the vacant post of English master, on a consolidated salary of Rs. 5400/- on contract basis Aspertherecordoftheselect list, your particulars as under:- Regd Merit Date of Category Place of Remarks 2 of 3 ::: Downloaded on - 09-05-2024 03:43:45 ::: Neutral Citation No:=2024:PHHC:063456 CWP-14133-2018 (O&M) 2024:PHHC:063456 -3 - No. Marks Birth Posting 010- 19.755 29.06.1986 General M ill W be - 000169 allotted after acceptance of offer 1 0. It is also an admitted position that there are 32 posts lying vacantinthesubjectofEnglishwhichhaveyetnotbeenfilled.No reasons are coming forward on behalf of the respondents that in spite of the LPA having been allowedandtheearliercontroversy having been settled, why the appointments were not offered to persons who were there in the select list/waiting list. Onaccount of inaction on the part of the respondents, the claim of the petitioners cannot be defeated. 1 1. Keeping in view that the offer of appointment was issued to DilpreetSingh,similarofferofappointmentshallnowbeissuedto thepetitionersiftheyareotherwisequalified.Necessaryordersbe passed within a period of one month from today." 3. Learned State counsel despite his best efforts has been unable to controvert the factual position and draw out any distinctive aspects in the aforementioned judgment or cite any contrary law. 4. In view of the aforesaid, the present petition is disposed of in terms of the judgment passed inTejinder Kumar(supra). (AMAN CHAUDHARY) JUDGE 0 7.05.2024 Hemant hether speaking/reasoned W : es / No Y Whether reportable : Yes / No 3 of 3 ::: Downloaded on - 09-05-2024 03:43:45 :::