High Court orders inclusion of equivalent Punjabi qualifications
The Punjab and Haryana High Court has declared ultra vires a rule to the extent that it mandated candidates to pass matriculation examination with Punjabi as one of the subjects for recruitment as clerks in the subordinate courts of Punjab.
A Division Bench ruled that the exclusion of equivalent for Punjabi language, long been recognised by the government, was discriminatory and arbitrary.
The Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma held that Rule 7(vii) (a) of the Punjab Subordinate Courts Establishment (Recruitment and General Conditions of Service) Rules, 1997, was ultra vires to the extent that it failed to include the term “equivalent” in its qualification criteria.
The Bench asserted: “Once the equivalence has been given to a particular subject, not considering it would amount to discrimination amongst the candidates of same qualification…. Rule 7(vii) (a) is held to be ultra vires to the extent of not including the word `equivalent’ in the Punjab Subordinate Courts Establishment (Recruitment and General Conditions of Service) Rules, 1997, in case of matriculation examination with Punjabi as one of the subject.”
The Bench also directed the State of Punjab to amend the rule and include the term “equivalent” in Rule 7(vii) (a). “The rule would now be read – No candidate for direct recruitment shall be eligible to apply for the post of clerk unless he holds a degree of Bachelor of Arts or Bachelor of Science or equivalent thereto from a recognised university and has passed matriculation examination with Punjabi as one of the subject or its equivalent,” the court observed.
The ruling will impact candidates possessing equivalent qualifications in Punjabi, but previously excluded from being considered. The judgment is significant it not only removes barriers for candidates with equivalent qualifications in Punjabi language, but also reinforces the principle of non-discrimination in public employment.
The ruling came on a petition filed against the Punjab and Haryana High Court through its Registrar-General and other respondents by Randeep Singh. Referring to the facts of the matter, the Bench clarified that Punjabi Prabodh Prakhiya certificate, possessed by the petitioner, met the requirement.
The Bench observed advertisement for filling 759 posts was issued by the high court in August 2022. The petitioner had qualified Punjab Proabodh Prakhiya in October 2016 and was issued certificate by Punjab Director, Language Department. But his candidature was rejected as he did not possess the requisite qualification of Punjabi as one of the subjects in matriculation.
The Bench added that the qualification in the advertisement would include candidates holding certificate issued by the Department of Language, once Punjabi Prabodh Prakhiya was declared equivalent to the matriculation Punjabi. Before parting with the matter, the Bench directed the high court to declare the petitioner’s result and issue appointment letter forthwith if he was found to
be meritorious.
