Punjab and Haryana High Court quashes ad for filling 8,393 posts of primary teacher

Chandigarh, December 14

The Punjab and Haryana High Court has quashed a public notice and advertisement dated September 14, for filling 8,393 posts of primary teachers.

The Bench made it clear that Punjab could fill the posts of pre-primary school teachers by only allowing 50 per cent reservation for education volunteers etc. “The balance 50 per cent would have to be left out to the other categories for consideration,” the Bench ruled.

The Bench read down a clause leading to 100 per cent reservation before directing the state to issue a fresh advertisement “keeping in view the reading down of clause”. “This action of the state is totally arbitrary and in direct conflict with the constitutional mandate laid down under Article 14 and 16 of the Constitution of India, wherein the right of public employment and equality has been enshrined. Accordingly, it is held that it is not permissible for the state to have 100 per cent reservation for a certain category of person,” the Bench ruled.

In the petitions placed before the Bench of GS Sandhawalia and Justice Vikas Suri, the petitioners challenged amendment made on September 7 to the Punjab State Elementary Education Group “C” Service Rules, 2020. The Bench added the state’s object could be laudatory to the extent of giving right of opportunity to the education volunteers etc. who had worked against various posts as they had put in several years of service. But the adopted methodology, excluding the right of consideration to others by virtue of the amendment, was arbitrary. — TNS

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