IMPORTANT POINT
Eligibility qualification for selection appointment of posts should be determined on the last date, cut off date, for receiving application; the practice of determining eligibility on the date of interview should be discontinued.

JUDGMENT

R.C. Lahoti, J.-This common judgment shall govern the disposal of C.A. No. 6750/1999, C.A. No. 6751/1999, C.A. No. 6752/1999, C.A. No. 6752/1999 & C.W.P. No. 356/1999 filed in this Court.

2. Vide advertisement dated 12.1.1996, the Departmental Selection Committee (Teaching), Education Department, Punjab invited applications for appointment of 3025 teachers. The relevant part of the notification is extracted and reproduced hereunder :-

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1. Applications on prescribed form given below are invited for various categories of teachers. Applications must be reached on or berfore dated 15.2.1996.

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Sr.No. 1. Masters/Mistresses (S.S. &      Allied)

Total number of posts : 3025

Pay Scale : 1640-2925

Subject Subject Number Code of posts

(i) Social Studies 0201 3000

 (ii) Fine Arts 0203 10

 (iii) Music 0204 10

 (iv) Home Science 0205 05

Total 3025

Educational Qualification :

(i) For Social Studies Masters/Mistresses : B.A./B. Ed. with the combination of two subjects out of the following seven subjects - History - Economics - Political Science - Geography - Public Administration - Psychology - Sociology with relevant teaching subject in B.Ed.

(ii) For Fine Arts Masters/Mistresses : B.A. in Fine Arts with B.Ed.

(iii) For Music : B.A. in Music with B.Ed.

(iv) For Home Science : B.A./B.Sc. Home Science with B.Ed. (Applicant must have relevant teaching subject in B.Ed.)

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Note :-(1) All the applicants must have passed Punjabi at the level of Matriculation.

(2) For all categories of teachers the minimum age is 18 years and maximum limit of age is 36 years on the dt. 1.1.96. Age concession will be admissible under rules to the reserved classes."

On 7th October, 1996 a corrigendum was issued whereby the upper age limit was increased to 42 years as on 1.1.1996. The corrigendum read as under :-

"In the advertisement for selection of School Master/Mistresses published on 12.1.96 and for ETT/JBT teachers on 8.1.96, upper age limit has been increased upto 42 years as on 1.1.96. Those candidates who could not apply earlier due to overage may now apply. Application complete in all respects as per advertisements dated 12.1.96 and 8.1.96, must reach before 30.10.96 at the following office with requisite fee."

3. A large number of applications were filed. It appears that some of the applicants did not fulfill the requisite educational eligibility qualifications on the date of making of the applications and not even on 15.2.1996 i.e. the last date for making applications appointed by the advertisement dated 12.1.1996. However, the fact remains and has not been disputed during the course of hearing before this Court that by 30.10.1996, the last date for making the applications, as appointed by the corrigendum dated 7.10.1996, they had all acquired the requisite educational eligibility qualifications. There may be a case or two where the applicants had acquired the requisite educational eligibility qualification on the date of interview. The fact remains that the applications filed by all such applicants were scrutinised, found in order and entertained as validly filed applications. Call letters were issued. The appellants before us, who had also approached the High Court by filing several writ petitions, were all selected. Some were allowed to join and given posting orders. There are others who were not allowed to join pursuant to letters of appointment and were not given posting orders by the District level officers on the ground that they were not qualified for appointment on the last date appointed for making applications i.e. 15.2.1996.

4. On 17.3.1997 the Director of Public Instructions issued a memo to all Circle Education Officers to the fo