LexSTATE OF PUNJAB AND OTHERS versus ANITA AND ORS.
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[2014] 14 S.C.R. 819 STATE OF PUNJAB AND OTHERS v. ANITAAND ORS. (Civil Appeal Nos. 7983-7986 of 2009) SEPTEMBER 24, 2014 [JAGDISH SINGH KHEHAR AND ARLIN MISHRA, JJ.] A B Service Law - Selection/Appointment- Selection and appointment to the post of JBTIETT teachers - State Government did not accord approval on the ground that the C appointment was in violation of statutory rules as the candidate did not possess the G ualification pr<- scribed under the rules - Propriety of the order passed by State Government - Held: Determination by the State Government was correct - It is imperative for the candidates to possess the statutorily D prescribed qualification - Punjab Privately Managed Recognized Schools Employees (Security of Service) Rules , 1981 - rr. 6 & 7 and Appendix. Allowing the appeals, the Court HELD: 1. It is imperative for candidates to possess the statutory qualification prescribed for appointment to E the posts, to which they are seeking appointment. Applications were not invited from candidates possessing the qualification depicted in the appendix F to the 1981..Rules, pertaining to the posts of JBTIETT teachers. None of the privatE• respondents possess the qualification of JBT/ETT, and as such, none of them can be stated to be possessed o·f qualifications statutorily prescribed and delineated in the appendix of the 1981 G Rules. None of the private respondents was therefore per se eligible for appointment Therefore, no infirmity can be found in the determination at the hands of the State Government. [Paras 8 and 9][825-F-G; 826-B-D] 819 H 820 SUPREME COURT REPORTS [2014] 14 S.C.R. A P M. Latha and another v. State of Kera/a and others (2003) 3 sec 541 : (2003) 2 SCR 653 ; Yogesh Kumar and others v. Government of NCT of Delhi 6 and others (2003) 3 SCC 548 : [2003) 2 SCR 662 - relied on. B 2. The private respondents do not satisfy the pre- condition of valid appointment expressed therein, inasmuch as, it was imperative for the Selection Committee, in the first instance, to consider only those candidates who possessed the qualification of JBT/ETT, C and thereupon, posts that remained unfilled could be filled up with persons possessing higher qualifications, i.e., graduate/post graduate qualifications along with B.Ed .. That. was not the procedure which came to be adopted in the p~esent controversy. Therefore per se, D no benefit can flow to the private respondents, from the government instruction. Moreover, para 6 of the Government Instructions are in clear violation of the statutory process of selection and appointment postulated under the 1981 Rules. Government E Instructions in violation of the statutory rules, are a nullity in law. (Para 19)(831-A-EJ 3. The private respondents came to be appointed by the Management of the School in violation of the 1981 F Rules. No fault whatsoever lies with the private respondents. The Management had required the private respondents to discharge their duties, without the prior approval of the State Government. The Management should therefore bearthe responsibility of shouldering G the emoluments payable to the private respondents. [Para 21][832-B-D] H Jyoti K.K. and others v. Kera/a Public Service Commission and others (2010) 15 SCC 596 - distinguished. STATE OF PUNJAB AND OTHERS v.ANITAAND ORS. 821 CASE LAW REFERENCE [2003] 2 SCR 653 relied on [2003] 2 SCR 662 relied on Para 9 Para 9 (2010) 15 SCC 596 distinguished Para 10 A B CIVILAPPELLATE JURISDICTION: Civil Appeal Nos. 7983-7986 of 2009. From the Judgment and Order dated 02707-2007 of the High Court of Punjab and Haryana at Chandigarh in CWP Nos. 15599 of 2006 (0 & M), 2344, 9791 and 16235 of 2006. c With Civil Appeal No. 7970-7971of2009. Sanchar Anand, AAG, Piyush Hans (For Kuldip Singh and Ajay Pal~. Advs. for the Appellants. D AV. Palli, Anupam, Raina (For Mrs. Rekha Pa Iii), Ms. S. Janani, Deepak Goel, Advs. for the Respondents. The Judgment of the Court was delivered by J. S. KHEHAR, J. E 1. The Management of the· Doaba Arya Senior Secondary School, Nawanshahr, issued an advertisement in the Indian Express dated 25.05.2002, inviting applications for six vacant posts of J BT/ETI teachers. Since the controversy, F being adjudiccted upon, is substantially to be determined on the basis of the contents of the advertisement, the above advertisement dated 25.05.2002 is being extracted hereunder: "Doaba
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