Candidates with higher qualifications in the same line as the prescribed qualification cannot be denied consideration for selection, as doing so would breach Articles 14 and 16 of the Constitution of India.

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 followed by a Corrigendum dated 24.10.2006 with the following endorsement:-

"Certificate in Physical Education Courses of one year duration after Senior Secondary School Certificate or Intermediate or its equivalent. However, this exception shall not be available in any recruitment after the year 2007 because the Education Institutions are duty bound as per NCTE Regulation to commence the two year course from 2005."

4 The petitioners in various writ petitions with qualifications like B.P.Ed, M.P.Ed., C.P.Ed applied for the posts in question under various categories. Their candidature was not considered by the respondents. Some of these candidates filed writ petitions in this court. One of such petition being CWP No.2868 of 2007 came to be disposed of vide order dated 18.7.2007 with a direction to the respondents to treat the writ petition as representation on behalf of the petitioners and to consider their claim on the basis of their merit coupled with eligibility and pass a well-reasoned speaking order. As a consequence of the aforesaid directions, Director Public Instructions (Secondary Education), Punjab, Chandigarh vide its order dated 13.9.2007 rejected the representation of the petitioners with the following observations:-

"...... In fact the petitioners possesses the professional qualification of B.P.E. (Bachelor of Physical Education) instead of C.P.Ed. as such the petitioners are not eligible for the selection as PTI, not having the essential basic professional qualifications in accordance with the terms and conditions of the advertisement dated 21.10.2006."

5 In CWP No.451 of 2008 (Manjit Singh v. State of Punjab and others) this order has been challenged. Similar writ petitions are filed challenging the action of respondents of their non-consideration for the selection/appointment to the post of PTI.

6 The grievance in all the writ petitions is that all of them possessed qualifications higher than the basic and minimum qualification prescribed in the advertisement and they all being eligible have been arbitrarily and illegally denied the right of consideration for appointment to the posts. When these matters were being heard by learned Single Judge, two Division Bench judgments of this court were cited on behalf of the contesting parties. A Division Bench comprising Honble Mr.Justice V.S.Aggarwal and Honble Justice G.S.Singhvi, as their Lordships were at the relevant time vide its judgment rendered in CWP No.5386 of 1997 titled as Samandeep Singh and others v. State of Punjab and others,2 decided on 14.1.1998 allowed the writ petition filed on behalf of the candidates whose candidature was rejected, despite having higher qualifications with the following observations:-

"The authorities had prescribed the minimum educational qualification a