Punjab Civil Services Rules | Candidates May Clear Punjabi Language Exam Prior To Appointment, Certificate Not Mandatory For Applying: High Court

The Punjab and Haryana High Court has made it clear that the candidates governed under Punjab Civil Services Rules, which prescribe matriculation certificate in Punjabi language as an essential qualification for Group A, B and C services "in connection with the affairs of Punjab," can clear the certificate exam before the date of appointment, obtaining it before the date of application is not necessary.

Justice Jagmohan Bansal said from the conjoint reading of the advertisement and Rule 17 of the 1994 Rules (of Punjab Civil Services (General and Common Conditions of Service) Rules, 1994), it is evident that "neither advertisement nor Rule 17 enjoins that candidate must have cleared matriculation exam before the closing date for submission of application. The requirement is that candidate must have cleared exam of Punjabi language before the date of appointment.."

The development came after the plea was filed under Articles 226, 227 of the Constitution, seeking direction to the respondents to permit one Avinash Dalmotra, to join as Constable in District Police Cadre.

Dalmotra cleared written test as well as successfully passed through scrutiny of documents which took place in 2021. The petitioner was found fit in the medical examination. In May 2022, select list was uploaded on the website of the respondent. The name of the petitioner figured in the select list, however, the appointment letter was not issued because he, on the date of application, was not possessing matriculation certificate with Punjabi language.

The petitioner had applied for examination of Punjabi subject before July 2021 and exam was to be conducted by Punjab School Education Board in July 2021. On account of COVID-19, the exam could be conducted in 2021 and result was declared in April 2022.

Hence, on the date of filing application for the advertised post, was not possessing matriculation certificate with Punjabi.

The Commission referred the matter to its Law Officer who formed an opinion that in terms of Rule 17 of Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, the petitioner, on the date of filing application for the post of Constable, was supposed to possess certificate of matriculation with Punjabi language.

On the basis of said opinion, the Commissioner of Police, Amritsar  informed the Senior Superintendent of Police, Pathankot that petitioner was not possessing requisite qualification on the date of application, thus, he is not eligible for appointment.

Advocate Kshitij Sharma, counsel for the petitioner argued that, he could not take exam of Punjabi in July 2021 because Board deferred the exam on account of COVID-19. 

On the other hand, State counsel argued that as per advertisement read with Rule 17 of 1994 Rules, the petitioner was supposed to possess matriculation certiticate with Puniabi before the last date for filing application for the advertised post.

Considering the submissions, the Court noted that, "emerging from the record is that the State issued advertisement inviting application for the post of Constables on 16.07.2021 and last date to apply was 15.08.2021. The petitioner applied for the exam of Punjabi language prior to July 2021 and exam was to be conducted in July 2021, however, due to COVID-19, it was conducted on 10.11.2021."

The Reliance was placed upon Minni Grover v. State of Punjab and another, [2015], wherein the last date for filing application was August 2011, whereas she passed Punjabi examination at matriculation level in March 2012. The Court considered advertisement as well as Rule 17 of 1994 Rules and concluded that "a candidate cannot be deprived from the appointment because he has cleared exam of Punjabi at matriculation level after last date of submitting application. The court has held that Rule 17 talks of date of appointment and not date of advertisement or last date for filing application."

Justice Bansal noted that from the reading of note annexed to the advertisement, it comes out that minimum education qualification i.e. 10+2 or matriculation was required to be obtained before the closing date for submission of online application.

There was a requirement of passing matriculation examination with Punjabi. The said qualification was contemplated in the advertisement, "there was no condition that candidate must have passed Punjabi language exam on or before the closing date for submission of online application. Rule 17 of the 1994 Rules mandates that no person shall be appointed to any post in any service by direct recruitment unless he has passed matriculation examination with Punjabi," the Court added.

The Court further explained that, from the conjoint reading of the advertisement and Rule 17 of the 1994 Rules as well as the advertisement, it is evident that "neither advertisement nor Rule 17 enjoins that candidate must have cleared matriculation exam before the closing date for submission of application. The requirement is that candidate must have cleared exam Punjabi language before the date of appointment."

Consequently, the Court directed the respondents to issue appointment letter to the petitioner within six weeks.

Advocate Kshitij Sharma and Shubhkarman Singh Gill appeared for the petitioner.

Pawan Kumar, DAG for Punjab.

Title: Avinash Dalmotra v. State of Punjab & others.

Citation: 2024 LiveLaw (PH) 45

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