JUDGMENT :

Sureshwar Thakur, J.

1. Since all the appeals (supra) arise from a common verdict, therefore, all the appeals (supra) are amenable to be decided through a common verdict being made thereons.

2. The appeals (supra) have been preferred by the appellants challenging the order dated 8.8.2022 passed by the learned Single Bench of this Court in CWP No. 22446 of 2021 and other connected cases, whereins, the writ petitioners sought judicial review of the recruitment process relating to appointment of 1091 Assistant Professors and 67 Librarians in Government Colleges of Punjab. In the said writ petitions, the hereinafter extracted prayers were made:-

(1) to quash the impugned Memo. dated 18.10.2021 for filling up 1091 posts of Assistant Professors & 67 Librarians by two Selection Committees of State Universities;

(2) to quash the impugned Public notice dated 19.10.2021 along with 33 advertisements (No. 1/2021 to 33/2021) for aforesaid posts;

(3) to quash the selection process having been vitiated in law;

(4) to direct the official respondents for filling-up all vacant posts of Assistant Professors & Librarians in Government Colleges of Punjab through PPSC as per Service Rules and UGC Regulations;

(5) to restrain the respondents from finalizing ongoing selection process as well as consequent appointments for the posts in question;

(6) to issue any other appropriate writ, order or direction as this Court deems appropriate in view of the facts and circumstances of present cases.

Factual background

3. The State of Punjab, through Secretary, Department of Higher Education & Languages, vide Memo dated 18.10.2021, conveyed to Director, Public Instructions (Colleges), "DPI, Colleges" for recruitment of 1091 Assistant Professors & 67 Librarians on the basis of written test to be conducted by two different Selection Committees of State Universities, i.e. (i) GNDU, Amritsar; and (ii) PU, Patiala.

4. As per aforesaid Memo, "Part-Time/Guest Faculty/Contractual teachers working in the Government run Colleges shall be given relaxation in upper age limit to the extent of the period they have worked as such." It is further stipulated that "such teachers shall be given weightage of one mark per year subject to maximum of five marks in respect of experience gained by them."

5. In pursuance of above memo, the Director, Higher Education, Punjab "DHE" issued a Public Notice on 19.10.2021 inviting online applications for various posts of Assistant Professors of various subjects and Librarians. According to the memo (supra), selection process for 16 subjects was assigned to GNDU, Amritsar; whereas, remaining 17 subjects, including Librarians were entrusted to PU, Patiala. On that very day, i.e. 19.10.2021, the Department sent a proposal to the Punjab Public Service Commission (for short 'the PPSC') for sending back the earlier requisition of 931 Assistant Professors & 50 Librarians, for filling-up the same through Departmental Selection Committee. However, vide letter dated 16.11.2021 the said proposal was declined by the PPSC, on the premise that "taking posts out of purview of the Commission is a gross violation of the Constitution which needs to be avoided".

6. Subsequently, written test for selection to the posts in questions was held by both the Selection Committees between November 20 to 22, 2021 and the results thereof stood declared on 28.11.2021.

7. On that very day, i.e 28.11.2021, a clarification was issued by Department to the effect that "benefit of giving marks for experience is available only to the teachers of Government Colleges of Punjab." and "the claim of the teachers from other States is not maintainable." It was further clarified that "Guest Faculty, Part-Timers and Contractual Teachers, who had worked in Government College of Punjab, but presently are not working in the Government Colleges, as such, are also entitled for the benefit of experience of the period for which they had worked in the Punjab Government Colleges."

8. Thereafter the ap