The requirement to pass the Punjabi language examination is not essential at the application stage but must be fulfilled before appointment, as per Rule 17 of the 1994 Rules.

JUDGMENT

Mr. Jagmohan Bansal, J. (Oral)

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to the respondents to permit him to join as Constable in District Police Cadre.

2. The petitioner pursuant to Advertisement No.2/2021 dated 16.07.2021 (Annexure P-1) applied for the post of Constable in District Police and Armed Police Cadre. The minimum education qualification was prescribed in Clause 5.3 of the advertisement. The said Clause of the advertisement reads as:

"5.3 Education Qualifications

5.3.1 Minimum Education Qualifications

(i) 10+2 or its equivalent from a recognized Education Board/ University.

(ii) In case of Ex-Servicemen, the minimum educational qualification shall be Matriculation.

Note: Candidates must have attained the above mentioned educational qualifications on or before the closing date for submission of online applications for this recruitment.

5.3.2 Mandatory Education Qualifications Candidates must have passed Matriculation examination with Punjabi as one of the compulsory or elective subjects, or any other equivalent examination in Punjabi language as specified by the Punjab Govt. from time to time. Provided that where a ward of Defence Service Personnel, who is a bonafide resident of Punjab state, is appointed by direct appointment, he shall have to pass an examination of Punjabi language equivalent to Matriculation Standard or he shall have to qualify a test conducted by the Language Wing of the Department of Education of the Punjab Government within a period of two years from the date of his appointment."

[Emphasis Supplied]

3. The last date for filing application was 15.08.2021 and written test was conducted on 29.09.2021. The petitioner cleared written test as well as successfully passed through scrutiny of documents which took place on 12.12.2021. The petitioner was found fit in the medical examination. In May' 2022, select list was uploaded on the website of the respondent. The name of the petitioner figured in the select list, however, he has not been issued appointment letter because he, on the date of application, was not possessing matriculation certificate with Punjabi language. The petitioner had applied for examination of Punjabi subject before July' 2021 and exam was to be conducted by Punjab School Education Board in July' 2021. On account of COVID-19, the exam could be conducted on 10.11.2021 and result was declared on 05.04.2022. In this way, the petitioner, on the date of filing application for the advertised post, was not possessing matriculation certificate with Punjabi.

4. The respondent referred the matter to its Law Officer who formed an opinion that in terms of Rule 17 of Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 (for short 1994 Rules'), the petitioner, on the date of filing application for the post of Constable, was supposed to possess certificate of matriculation with Punjabi language. On the basis of said opinion, the Commissioner of Police, Amritsar vide communication dated 28.11.2022 (Annexure R-4) informed the Senior Superintendent of Police, Pathankot that petitioner was not possessing requisite qualification on the date of application, thus, he is not eligible for appointment. For the ready reference, letter dated 28.11.2022 is reproduced as below:

"On the above noted subject, it is intimidated that the Hon'ble Director General of Police, Punjab, Chandigarh vide his office letter No.11353/E-1(4) dated 03.10.2022, has intimated to this office that candidate Avinash Dalmotra son of Shri. Kewal Krishan has passed his 10th and 10+2 educational qualification from C.B.S.C., Board and he passed Punjabi as additional subject, from the Punjab School Education Board Mohali, after the last date of applying for recruitment. In this case legal opinion has been obtained from the Law Officer, CPO, which is as under:-

"The present case file pertains to the joining of candidate Avinash Dalmotra bearin