PERMOD KOHLI, JASBIR SINGH, MUKUL MUDGAL
Manjit Singh – Appellant
Versus
State Of Punjab – Respondent
Mukul Mudgal, Jasbir Singh and Permod Kohli JJ.
1 This reference has been placed before us pursuant to an order passed by one of us (Permod Kohli, J.) referring the matter for consideration by a larger Bench in view of difference of opinion between two Division Bench Judgments. In short, the reference arises out of a question "whether a candidate possessing higher qualification than the one prescribed and advertised for appointment to the posts is eligible for such selection/appointment".
2 Briefly stated the facts leading to the filing of the writ petitions are that the State of Punjab issued advertisement published in newspapers on 21.10.2006 inviting applications for a number of posts, including Physical Training Instructor (PTI). Total 170 posts were notified for selection for General and other Reserved Categories. The following qualifications were prescribed for this post in the Notification:-
"(E) Basic Qualification and Professional Qualifications: (1) Senior Secondary School Certificate or Intermediate or its equivalent; and
(2) Certificate in Physical Education (C.P.Ed.) of a duration of not less than two years or its equivalent."
3 The aforesaid advertisement was
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