Punjab-Haryana High Court
Jaspal Singh And Anr vs State Of Punjab And Others on 3 March, 2025
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2025:PHHC:029547
CM-1512-CWP-2025 and
CM-1513-CWP-2025 in/and
CWP-10714-2023 & connected case 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(110) CM-1512-CWP-2025 and
CM-1513-CWP-2025 in/and
CWP-10714-2023
Date of Decision : March 03, 2025
Aman Kaur .. Petitioner
Versus
State of Punjab and others .. Respondents
(110-A) CM-1498-CWP-2025 and
CM-1499-CWP-2025 in/and
CWP-11314-2023
Jaspal Singh and others .. Petitioners
Versus
State of Punjab and another .. Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. P.S Mirpur, Advocate, for the applicant-petitioners.
Mr. T.P.S. Chawla, Sr. Deputy Advocate General, Punjab.
HARSIMRAN SINGH SETHI J. (ORAL)
CM-1512-CWP-2025 in CWP-10714-2023
As prayed for, the application is allowed.
Delay of 09 days in filing the restoration application i.e. CM-
1513-CWP-2025 is condoned.
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Neutral Citation No:=2025:PHHC:029547
CM-1512-CWP-2025 and
CM-1513-CWP-2025 in/and
CM-1498-CWP-2025 in CWP-11314-2023
As prayed for, the application is allowed.
Delay of 14 days in filing the restoration application i.e. CM-
1499-CWP-2025, is condoned.
CM-1513-CWP-2025 in CWP-10714-2023
CM-1499-CWP-2025 in CWP-11314-2023
Present applications have been filed for recalling the order
dated 12.12.2024, by which, the present writ petitions were dismissed for
non-prosecution.
Notice of the application to the counsel opposite.
Mr. T.P.S. Chawla, learned Sr. Deputy Advocate General,
Punjab, who is present in Court, accepts notice on behalf of the respondents.
He raises no objection for the grant of prayer as raised in the present
applications.
Keeping in view the averments made in the application, which
are duly supported by an affidavit, the same are allowed. The order dated
12.12.2024 is recalled and the writ petitions are restored to its original
number and status and on the joint request of learned counsel for the parties,
the main writ petitions are taken up for hearing today itself.
CWP-10714-2023 and CWP-11314-2023
1. By this common order, two writ petitions, the details of which
have been given in the heading, are being disposed of as both the petitions
involve the same question of law on similar facts.
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Neutral Citation No:=2025:PHHC:029547
CM-1512-CWP-2025 and
CM-1513-CWP-2025 in/and
2. In the present writ petitions, the challenge is to the
Advertisement dated 08.01.2022 (Annexure P-1) vide which, 25 posts of the
Music Teachers were advertised on the ground that the condition of passing
of the Teachers Eligibility Test has been prescribed so as to be treated
eligible for the post whereas, no Teacher Eligibility Test has ever been held
for a Music Teacher hence, the petitioners should be treated eligible so as to
be considered for appointment to the post in question.
3. Learned counsel for the petitioners concedes the factum that the
Advertisement which is being challenged is of the year 2022 and the
petitioners passed the Teacher Eligibility Test in the year 2023 only i.e.
after the last date of submission of application form.
4. Upon notice of motion, the respondents have filed the reply,
wherein, the respondents have stated that as per the terms and conditions of
the Advertisement, which are based upon the Punjab Educational (Teaching
Cadre) Border Area Group 'C' Service Rules, 2018, only the teachers who
have passed the Teacher Eligibility Test are eligible to be considered for
appointment and as the petitioners have not passed the said test, the
petitioners cannot claim that the Advertisement, which is in accordance with
2018 Rules, is bad hence, the petitioners have rightly been treated ineligible
for the post in question.
5. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
6. In the present writ petitions, the challenge is to the
Advertisement Annexure P-1, by which 25 posts of the Music Teachers
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Neutral Citation No:=2025:PHHC:029547
CM-1512-CWP-2025 and
CM-1513-CWP-2025 in/and
were advertised.
7. The grievance of the petitioners is that they have not been
considered eligible for the post in question on the ground that the petitioners
have not passed the Teacher Eligibility Test in the subject of Music but the
same was never conducted by the respondents hence, the petitioners are
liable to be considered eligible for the post in question.
8. It may be seen that once, under the Rules governing the service
for appointment to the post of Music Teacher, the passing of the Teacher
Eligibility Test is must, which condition was provided in the Advertisement
as well, the petitioners cannot claim that the said condition of passing of
the Teacher Eligibility Test is arbitrary or illegal. Nothing has been shown
that the said condition in the Advertisement is contrary to the Rules
governing the appointment to the post of Music Teacher.
9. In the absence of any perversity in the Advertisement qua the
rules governing the service qua the post of Music Teacher, the request of the
petitioners that they should be considered eligible despite the fact that they
have not passed the Teacher Eligibility Test till the last date of submission
of application form, cannot be accepted.
10 . Even otherwise, as per the judgment of Division Bench of this
Court in LPA No.670 of 2024 titled as Dhirinder Singh and others vs.
State of Punjab and others, decided on 14.05.2024, the candidates who are
not eligible as per the Rules and the Advertisement, no grievance can be
raised by them.
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Neutral Citation No:=2025:PHHC:029547
CM-1512-CWP-2025 and
CM-1513-CWP-2025 in/and
11. Keeping in view the totality of the circumstances, no ground is
made out for any interference by this Court in the facts and circumstances of
the present case.
12. Accordingly, the writ petitions are dismissed.
13. A photocopy of this order be placed on the file of other
connected case.
March 03, 2025 (HARSIMRAN SINGH SETHI)
harsha JUDGE
Whether speaking/reasoned : Yes
Whether reportable : No
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