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1994 Supreme(SC) 776

K.RAMASWAMY, S.C.AGRAWAL
Harpal Kaur Chahal – Appellant
Versus
Director, Punjab Instructions, Punjab – Respondent


(1) THIS appeal by special leave arises from the judgment of the Division Bench of the High court of Punjab and Haryana in LPA No. 329 of 1977 dated 1/10/1980 reversing the judgment of the Single Judge made in CW No. 69 of 1973 dated 2/8/1977. When applications were called for on 20/4/1968 for recruitment as Physical Training Instructors by the Subordinate Selection Board, the appellant had applied for the said post but on that date she had no qualification. In the meanwhile, the Board was abolished in September 1968 and the Selection Committee had considered those applications. The appellant was selected and appointed on 4/1/1971. It is the case of the appellant that as on that date she had acquired the qualification and she joined the post on 28/1/1971. The higher officers noted the illegality in the selection of the appellant and the Deputy Director by his proceedings dated 30/11/1972 directed the termination of the ad hoc appointment of the appellant. Then she challenged the termination in the writ petition. The learned Single Judge considered that the date of interview would be the relevant date for considering the qualifications since as on that date she acquired the


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