LPA-969-2026 (O&M) -1- & connected cases IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 127 (3 cases) LPA-969-2026 (O&M) Date of Decision :14.07.2026 Vandana and another ..Appellants Versus State of Punjab and another ...Respondents LPA-1021-2026 (O&M) Tejinderpal Singh and others ..Appellants Versus State of Punjab and another ...Respondents LPA-1023-2026 (O&M) Monika Goyal ..Appellant Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Mr. Harish Goyal, Advocate for the appellant(s). * * * Harsimran Singh Sethi, J. (Oral) AARTI SHARMA 2026.07.20 16:22 I attest to the accuracy and integrity of this document LPA-969-2026 (O&M) -2- & connected cases 1. Present appeals have been filed challenging the order dated 27.01.2026 passed by the learned Single Judge of this Court by which, the writ petitions filed by the petitioners, who are appellants herein, seeking consideration for appointment to the post of Head Master/Mistress pursuance of advertisement dated 09.03.2019 has been dismissed. 2. It may be noticed that as per the advertisement dated 09.03.2019 issued by the respondent-State, the B.Ed. qualification was mandatory for appointment to the post of Head Master/Mistress, which qualification was not fulfilled by the petitioners as on date of application for such post. The posts of Principal were also advertised by the State via same notification dated 09.03.2019 for which post, the petitioners were eligible and applied and competed. The prayer of the petitioners before the learned Single Judge was that as the selection process initiated for the post of Head Master/Mistress was same as for filling up the post of Principal, the appellants who though did not apply for the post of Head Master/Mistress, should be considered eligible for appointment on the post of Head Master/Mistress as advertised. Learned Single Judge has held that once the appellants never applied for the post of Head Master/Mistress, they cannot claim consideration for the said post. 3. Learned counsel for the appellants submits that the appellants should have been given the benefit of letter dated 06.11.2019 issued by the respondents by which, a concession was given to the candidates qua the eligibility for direct recruitment to the post of Head Master/Mistress, who do not possess the B.Ed qualification. 4. We have heard learned counsel for the appellants and have gone AARTI SHARMA 2026.07.20 16:22 I attest to the accuracy and integrity of this document LPA-969-2026 (O&M) -3- & connected cases through the record with their able assistance. 5. It may be noticed that a letter dated 06.11.2019 giving concession was issued 07 years ago and same cannot be brought into consideration especially when, the rules governing requisite qualification as on date of advertisement do not permit the candidate, who does not have B.Ed. qualification to compete for the post of Head Master/Mistress by way of direct recruitment. The rules as framed on the date of advertisement dated 09.03.2019 govern the issue at hand and no concession given at any given point of time relaxing or dispensing with the qualification stipulated in the advertisement can be taken into consideration during a particular selection process. 6. Even otherwise, under somewhat similar circumstance, the Hon’ble Supreme Court of India in Civil Appeal No.8343-8344 of 2011 titled as Bedanga Talukdar vs. Saifudaullah Khan and others, decided on 28.09.2011 has held that even if the power of relaxation is provided under the rules, it must still be mentioned in the advertisement and in the absence of such power in rules, providing of such relaxation would be arbitrary and illegal if not extended to the similarly situated. Hence, the claim of relaxation as a mater of right cannot be accepted. Relevant paragraph 28 of the judgment is as under:- “28. We have considered the entire matter in detail. In our opinion, it is too well settled to need any further reiteration that all appointments to public office have to be made in conformity with Article 14 of the Constitution of India. In other words, there must be no arbitrariness resulting from any undue favour being shown to any candidate. Therefore, the selection process has to be conducted strictly in accordance with the stipulated selection procedure. Consequently, when a particular schedule is mentioned in an advertisement, the same has to be scrupulously maintained. There can not be any AARTI SHARMA 2026.07.20 16:22 I attest to the accuracy and integrity of this document LPA-969-2026 (O&M) -4- & connected cases relaxation in the terms and conditions of the advertisement unless such a power is specifically reserved. Such a power could be reserved in the relevant Statutory Rules. Even if power of relaxation is provided in the rules, it must still be mentioned in the advertisement. In the absence of such power in the Rules, it could still be provided in the advertisement. However, the power of relaxation, if exercised has to be given due publicity. This would be necessary to ensure that those candidates who become eligible due to the relaxation, are afforded an equal opportunity to apply and compete. Relaxation of any condition in advertisement without due publication would be contrary to the mandate of quality contained in Articles 14 and 16 of the Constitution of India.” 7. Further, recently in Civil Appeal No.6868-2021 titled as State of U.P. and others vs. Vikash Kumar Singh and others decided on 22.11.2021, the Hon’ble Supreme Court of India has held that no writ of mandamus can be issued directing the competent authority to grant relaxation. Relevant paragraph of the judgment is as under:- “7.1 The learned Single Judge thereafter while quashing and setting aside the eligibility lists dated 18.03.2019 and 10.05.2019 has issued the writ of mandamus commanding or directing the competent authority to grant relaxation in qualifying service, which as such was permissible under Rule 4 of the Relaxation Rules, 2006. The word used in the Rule 4 of Relaxation Rules, 2006 is ‘MAY’. Therefore, the relaxation may be at the discretion of the competent authority. The relaxation cannot be prayed as a matter of right. If a conscious decision is taken not to grant the relaxation, merely because Rule permits relaxation, no writ of mandamus can be issued directing the competent authority to grant relaxation in qualifying service. Therefore the High Court has committed a grave error in issuing the writ of mandamus commanding the competent authority to grant relaxation in the qualifying service. Consequently, the High Court has also erred in quashing and setting aside the eligibility lists dated 18.03.2019 and 10.05.2019, which as such were prepared absolutely in consonance with the Rules, 1990 and Rules, 2006. The impugned judgments and orders passed by the learned Single Judge as well as the Division bench of the High Court are not sustainable in law.” 8. Learned counsel for the appellants has not been able to rebut the said settled principle of law and the claim raised is contrary to the settled principle of law noticed hereinbefore hence, the same cannot be extended. AARTI SHARMA 2026.07.20 16:22 I attest to the accuracy and integrity of this document LPA-969-2026 (O&M) -5- & connected cases 9. In the present case, it is a conceded fact that the appellants never applied for the post of Head Master/Mistress therefore, claiming consideration for the said post and that too at the cost of the candidates, who have applied and have already been selected and appointed, cannot be accepted. 10. Keeping in view the facts and circumstances recorded hereinbefore, no ground for interference by this Court is made out and the appeals are accordingly dismissed. 11. Civil miscellaneous application pending, if any is also disposed of. 12. A photocopy of this order be placed on the files of connected cases. (HARSIMRAN SINGH SETHI) JUDGE (AMARINDER SINGH GREWAL) JUDGE July 14, 2026 aarti Whether speaking/reasoned :Yes Whether reportable : No AARTI SHARMA 2026.07.20 16:22 I attest to the accuracy and integrity of this document