JUDGMENT

MOHAN, J.:- The facts lie in a narrow compass.

The appellant No. 1 Smt. Ravinder Sharma was appointed as a clerk in the Punjap Public Service Commission (hereinafter referred to as the Commission) through Employment Exchange on 8-6-1967. At that time, she possessed the educational qualification as Matriculate III Class while the rule required Matriculate I class. Later on, she qualified from the Subordinate Service Selection Board and was appointed as a clerk on regular basis on 28-8-1968. She was promoted as Assistant on 1-2-1974.

2. Appellant No. 2, Surjit Singh was appointed as Clerk in the Commission through the Employment Exchange on 8-6-1967. He had passed Higher Secondary Examination in III Division. After qualifying from the Selection Board, he was appointed as a Clerk on regular basis on 28-8-1968. He was further promoted as Assistant on 26-6-1974. Since the second appellant has died, his case need not be considered.

3. The appellant did not possess the requisite qualification as required under Regn. 7 of the Punjab Public Service Commission (State Service Class III) Regulations, 1967 (hereinafter referred to as the `Regulations) . Therefore, the Commission recommended to the Government that the qualification might be relaxed in the case of the appellant. The Government declined to accede to the request. Thereupon, the appellant was served the following memo by the Commission:

"From

H.S. Chatwal, P.C.S.

Secretary,

Punjab Public Service Commission,

Patiala.

To

Smt. Ravinder Sharma,

Assistant

No. B.F./1015/72-CAG/7834 dated Patiala, the 26-4-1977.

Subject : Regulations of Service of Clerk.

Memo

Reference correspondance resting with the Commission letter No. B.F. / 1015 / 72-CAG / 31895 dated 13-1-1975.

Keeping in view your representation sent in reply to the Memorandum mentioned above, your case for regulation of your services by relaxing the relevant provisions was referred to the Punjab Government in the General Services Branch. The Government has again rejected the proposal, because you did not fulfil the qualifications of Matric Ist Class or Intermediate II Class or B.A. laid down in Regn. 7 of the Punjab Public Service Commission (State Service Class III) Regulations, 1967 at the time of your initial appointment nor you fulfil the condition at the present moment. As such your initial appointment as Clerk in the Commission was not in accordance with the above mentioned Regulations.

Under the circumstances, it is clear that your continuance as Clerk in the Commission without fulfilling the initial qualification cannot be allowed. The Government have informed that they can at the most consider your appointment / adjusting in some other Department as a fresh candidate keeping in view your merit and in accordance with rules. It can only be done if you submit an application giving full details of your educational qualifications, experience etc. addressed to the Chief Secretary to Government, Punjab. In case you are aware about the vacancies lying vacant in some other departments, you can mention the same in your application.

Your reply should reach the commission within four days from the receipt of this letter, failing which the case will be decided in accordance with rules. It is also made clear to you that no more representation on the subject will be entertained from you."

4. There were also similarly placed persons. All of them filed Writ Petition No. 1331 of 1977 before the High Court challenging the respective orders issued to them. However, in this appeal, we are concerned only with appellant No. I Smt. Ravinder sharma.

5. Before the High Court, the argument was that inasmuch as the appellant did not conceal her qualification, she could not be blamed if she had been appointed. Therefore, no order adverse to her could have ever been passed.

6. This was opposed on behalf of the Government stating that the petitioner (appellant herein) was not charged for concealing the qualifications. On the contrary, she did not possess the