The date of passing an examination takes precedence over the date of issuance of the certificate for recruitment eligibility, ensuring meritorious candidates are not penalized for procedural delays.

JUDGMENT

Sudeepti Sharma, J.

The present Letters Patent Appeal (LPA) is filed against the order dated 15.02.2023, passed by the learned Single Judge of this Court in CWP No.3102 of 2023, whereby the writ petition filed by the appellant-petitioner herein for quashing of the provisional select list of Science Master cadre prepared on 16.12.2022 by the respondents was dismissed.

Brief Facts of The Case

2. Brief facts of the case are that, the appellant-petitioner appeared in the two years B.Ed Course for the session 2015 to 2017. Online provisional result for 4th Semester dated 06.03.2017 was shown as 'RLR/Pass' which means that there is some technical defect in the registration of the appellant with the University. The State of Punjab issued an advertisement dated 08.01.2022 inviting applications to fill the backlog as well new vacancies under various posts of Master cadre. Since the appellant was possessing B.Sc., B.Ed. degrees, she applied for Master Cadre (Science) in General category, and was issued Roll Number as well. The relevant portion of Educational qualification for the subject of Science as per advertisement is as under: -

"Educational Qualification

Subject of Science

a) Science (Non Medical)

(i) Should have passed B.Sc. with 45% marks in the case of General Category candidates and 40% marks in the case of Scheduled Castes, Scheduled Tribes, Other Backward Classes, Backward Classes and Physical Handicapped Candidates from a recognized university or institution with any of the two subjects i.e. physics Chemistry and Mathematics or should have passed B.Sc. in Physics and Mathematics or any other equivalent qualification, but certificate of equivalency should be given by the concerned University as per guidelines of the University Grants Commission; and

(ii) Should have passed B.Ed from a recognized university or institution with Science as one of the teaching subject as per guidelines of the University Grants Commission.

b) Science (Medical)

(1) Should have passed B.Sc. with 45% marks in the case of General Category candidates and 40% marks in the case of Scheduled Castes, Scheduled Tribes, Other Backward Classes, Backward Classes and Physical Handicapped Candidates from a recognized university or institution with any of the two subjects i.e. Biology, Physics and Chemistry or B.Sc. Honours) in either of these subjects or B.Sc (life science) or B.Sc (Physical Science) or B.Sc (Bio-technology) or B.Sc (Honours) or B.Sc (Industrial Microbiology) or B.Sc (Micro-biology) or B.Sc (Bio-physics) or B.Sc (Bio-chemistry) or B.Sc (Microbial, Food Technology, Chemistry) or B.Sc. Industrial Chemistry or B.Sc. Food Science and Quality Control or B.Sc. Microbial food Technology any other equivalent qualification, but certificate of equivalency should be given by the concerned University as per guidelines of the University Grants Commission; and

(ii) Should have passed B.Ed from a recognized university or institution with Science as one of the teaching subject as per guidelines of the University Grants Commission."

3. The last date for submission of the applications was 30.01.2022 as per the advertisement which was later on extended to 15.05.2022, and the appellant appeared in the written examination and secured 98 marks out of 150. Vide letter dated 22.11.2022, all the candidates who secured 85 marks and above, were called for scrutiny of original documents. Since the appellant-petitioner was not called for scrutiny of documents despite the fact that she secured more marks than the cut-off marks, therefore, she made a representation to the authority concerned which was not replied to.

4. A perusal of the record shows that the appellant-petitioner submitted a representation to the department concerned, stating therein that due to financial hardship and serious illness of her father, she was unable to pay the requisite fee to obtain her certificate from University. Though the result was declared on 06.09.2017 and she was declared pass in the same