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2019 Supreme(P&H) 1726
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
A.B. Chaudhari, Harnaresh Singh Gill, JJ.
Mamta Devi - Appellant
Versus
State Of Punjab - Respondent
CWP No. 12489 of 2015
Decided On : 22-01-2019
Mr. D.S. Patwalia, Senior Advocate with Ms. Gurjot Grewal, Advocate, for the Appellant; Mr. I.P.S.Doabia, Addl. A.G., Punjab, for the Appearing Party
Impossibility of fulfilling an educational qualification requirement due to unavailability of the specified course in recognized institutions constitutes a violation of constitutional rights.
Headnote:
Educational Qualification - Challenge to Clause 7(xix) of Appendix B to Rule 5 of Punjab Industrial Training (Class-III) Technical Service Rules, 2001 - Article 14 and 16 of Constitution of India - [Punjab Industrial Training (Class-III) Technical Service Rules, 2001, Rule 5, Appendix B, Clause 7(xix)] - The court quashed the educational qualification requirement of a 5-year diploma in Commercial Arts for the post of Craft Instructor, citing impossibility and arbitrariness, and directed the consideration of the petitioner's candidature for the position.
Fact of the Case:
The petitioner challenged the validity of the educational qualification requirement for the post of Craft Instructor due to the impossibility of obtaining a 5-year diploma in Commercial Arts in Punjab.
Finding of the Court:
The court found that there was no recognized institution in Punjab offering a 5-year diploma in Commercial Arts, and thus quashed the educational qualification requirement and directed the consideration of the petitioner's candidature.
Issues: Validity of educational qualification requirement for the post of Craft Instructor and violation of Article 14 and 16 of the Constitution of India.
Ratio Decidendi: The court held that the requirement of a 5-year diploma in Commercial Arts was impossible to fulfill due to the unavailability of such a course in recognized institutions in Punjab, and therefore, quashed the requirement.
Final Decision: The court allowed the petition, quashed the educational qualification requirement, and directed the consideration of the petitioner for the post of Arts and Crafts Instructor.
JUDGMENT
Harnaresh Singh Gill, J. - By the present writ petition, the petitioner has put to challenge the validity of clause 7(xix) of Appendix B to Rule 5 of the Punjab Industrial Training (Class-III) Technical Service Rules, 2001, which relates to the educational qualification for the appointment to the post of Instructor Art and Craft trade and sought the relief for consideration of her claim.
Facts
2. The Department of Technical Education and Industrial Training, Punjab-respondent No. 2 issued an advertisement dated 1.3.2013 for inviting applications for filing up 216 posts of Craft Instructors in various trades. As per the advertisement, it was essential to have acquired five years diploma in Painting/Commercial Arts qualification from government recognized institution with practical experience of one year or one year teaching experience. The petitioner is possessed with three years diploma in Commercial Arts, Masters in Political Science and B.Ed. Being eligible, petitioner applied for the trade of Instructor-Arts and Crafts for which 13 posts were advertised out of which two posts were reserved for Backward Class category. After scrutiny of the documents, petitioner was issued the roll number for written examination. The petitioner appeared and was placed at Sr. No. 3 in the merit list with 48 marks. The candidates three times of the advertised posts in each trade, were called for verification of the documents on 4.10.2013 whereas the petitioner was declared ineligible as having not fulfilled the education qualification.
3. To the surprise of the petitioner, vide public notice issued by respondent No. 2, the candidates below in merit were called for verification of the documents for the unfilled trades whereas the petitioner, who was eligible and qualified, was declared ineligible because the requirement was five years diploma in Commercial Arts. The petitioner sought information under the Right to Information Act, 2005 from the various universities and also from Technical Board, Punjab regarding the courses being conducted for five year diploma in Commercial Arts. As per the information received by the petitioner through RTI, five years diploma in Commercial Arts was never started and is not being conducted by any university of the Technical Board. Hence, the present writ petition.
4. Notice of motion was issued on 18.6.2015 and it was directed that one seat in the Backward Class category shall not be filled till the next date of hearing.
5. In response to the notice, reply by way of counter affidavit was filed by Deputy Director, Department of Technical Education and Industrial Training, Punjab. As per the the preliminary submissions, it is not disputed that the petitioner possesses three years diploma in Commercial Arts but the answering respondent was sticking to the departmental rules and advertisement dated 1.3.2013 against which the candidate should possess five years diploma in Drawing and Painting/Commercial Arts with one year experience or M.A. (Fine Arts), two years diploma in Art and Crafts Teacher Training with one year experience. It is admitted in the reply that the posts of Arts and Craft Instructors are lying vacant but no specific reply has been filed as to imparting of five years diploma in Commercial Arts was by any of the recognized university in the State of Punjab.
Arguments
6. It has been argued by the learned Senior Counsel for the petitioner that there is no such university/college in the State of Punjab in which five years diploma in the trade of Commercial Arts Instructor is being conducted. Thus clause 7(xix) of Appendix B to Rule 5 of the Punjab Industrial Training (Class-III) Technical Service Rules, 2001 is ultra vires and violative of Article 14 and 16 of Constitution of India. It is the specific stand of the learned Senior Counsel for the petitioner that the petitioner possesses thre
