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High Court of Punjab and Haryana · body

2019 DAILYLAW 4082 (PNJ)

ANNANCY KUMRA v. STATE OF PUNJAB AND ORS

CWP/21841/2019 · 2026-07-16

Kuldeep Tiwari

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Judgment text

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CWP-21841-2019 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 225 CWP-21841-2019 (O&M) Date of decision: 16.07.2026 Annancy Kumra ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Ranjit Singh Kalra, Advocate for the petitioner. Mr. Charanpreet Singh, AAG, Punjab. **** KULDEEP TIWARI, J. (Oral) 1. The petitioner, by way of the instant writ petition filed under Article 226/227 of the Constitution of India, has questioned the legality of the list dated 20.06.2019 (Annexure P-5), vide which, she was declared ineligible, and also the list of even date (Annexure P-4), to the limited extent that persons having less marks have been considered for appointment. Additionally, a prayer is also made for issuance of a Mandamus upon the respondents to consider the claim of the petitioner and issuer her an appointment order. 2. This Court has heard learned counsel for the parties. 3. What emerges upon a perusal of the record is that the Department of School Education, Punjab, advertised 161 posts of E.T.T. Teachers, on 01.03.2019 (Annexure P-1). Further, the posts were governed under the Punjab State Elementary Education (Teaching Cadre) Group C AMIT KUMAR 2026.07.22 17:17 I attest to the accuracy and authenticity of this document CWP-21841-2019 (O&M) -2- Service Rules, 2018, and the prescribed educational qualifications, read as under:- “(i) Bachelor’s Degree from a recognized university or institution with at least 50% marks as per guidelines of the University Grants Commission. (ii) Two years Elementary Teachers Training course from a recognized university or institution or two years diploma in Elementary Education (D.EI.Ed.) or qualification as per guidelines of the National Council for Teachers Education.” 4. A bare glance at the abovesaid qualifications makes it vivid that, to be eligible to compete for the posts in question, a candidate should possess a two years’ Diploma in Elementary Education or such other qualification as per the guidelines of the National Counsel for Teacher Education. Likewise, a Bachelor’s Degree from a recognized University or Institution with, at least, 50% marks, per the guidelines of the UGC, was also mandatory. 5. Having regard to the abovesaid indispensable qualifications, the Scrutiny Committee rejected the candidature of the petitioner, as she secured less than 50% marks in Graduation, which is in direct contravention of condition (i) of the above extracted Educational Qualifications. Further, it is not in dispute that the petitioner possesses the degree of Post Graduation, but that would not alter her eligibility status insofar as the marks obtained in the Graduation are concerned. Be that as it may, even her degree of Post Graduation was not considered by the respondent-Department, in terms of the guidelines issued by the UGC. In such a situation, the petitioner has no AMIT KUMAR 2026.07.22 17:17 I attest to the accuracy and authenticity of this document CWP-21841-2019 (O&M) -3- other option but to reconcile to the fact that she was rightly held ineligible for the advertised posts, owing to lack of minimum prescribed qualification. 6. In the wake of the above, the petition sans merit, and thus, the same is dismissed. All pending applications, if any, also stand disposed of accordingly. 16.07.2026 (KULDEEP TIWARI) Satyawan/ AK Sharma JUDGE Whether speaking/reasoned : Yes Whether Reportable : Yes/No AMIT KUMAR 2026.07.22 17:17 I attest to the accuracy and authenticity of this document