Punjab-Haryana High Court
Anjali Dangi And Another vs Haryana Public Service Commission And ... on 7 December, 2009
C.W.P. No. 18690 of 2009
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P. No. 18690 of 2009
Date of decision: 07.12.2009
Anjali Dangi and another
....Petitioners
Versus
Haryana Public Service Commission and others
....Respondents
CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA
Present: - Mr. P.K. Solath, Advocate,
for the petitioners.
*****
VINOD K. SHARMA, J (ORAL)
This writ petition under Articles 226/227 of the Constitution of India is directed against the advertisement (Annexure P-1) issued by the Haryana Public Service Commission, Panchkula, vide which the Commission has invited the applications for filling up of certain posts.
The petitioners are Engineers having degree of Bachelor of Electronics and Communication and claim to be fully eligible for the post of Assistant Engineer (Electrical), as per services rules of the respondent-department.
The challenge of the petitioners to advertisement is on the ground, that the qualification given in the advertisement is different from the one which is given in the rules, on account of which the petitioners have been prejudiced.
In order to appreciate the contention raised, it is relevant to reproduce the actual qualification in the rules and the one published in C.W.P. No. 18690 of 2009 -2- the advertisement, which are as under: -
Qualification as per Service Rules Qualification given in the advertisement 8(a) (i) Bachelor of Engineer Degree in
(i) Has obtained Bachelor Engineering Electrical/Electrical and Electronics or Degree or equivalent from any equivalent qualification from any Indian, Indian/Foreign University/Institute duly Foreign University/Institution duly recognized by All India Council of recognized by All India Council for Technical Education with a minimum of Technical Education/Association of 60% marks in respect of General Indian Universities with 60% marks Category candidates and 55% marks for (55% marks for SC of Hry.) reserved category candidates in any one (ii) Hindi or Sanskrit upto Matric. of the following disciplines:
A) Electrical/Electrical and Electronics Engineering.
B) Electronics/Electronics & Communication/Electronics & Telecommunication/Electronics &
Electrical Communication Engineering. C) Must have passed Hindi/Sanskrit up to Matric standard.
D) All the candidates should have working knowledge of computer and exposure on common software applications including networking (only for UHBVN) or Should have undertaken at least one year Diploma course in Computer from any institution recognized by the Government of Haryana. However, one year Diploma Course qualification is not required in case, candidate have computer subject in their Degree Course. (only for DHBVN) The reading of the advertisement would show, that the qualifications prescribed in the advertisement are exactly the same as C.W.P. No. 18690 of 2009 -3- given in the service rules.
The contention of the learned counsel for the petitioners that in the advertisement, the degree given by the Association of Indian Universities has also been included, which is not in the qualifications under the service rules, is liable to be noticed to be rejected, for the reason that even in the service rules, the degree which is equivalent and which are recognized by All India Council of Technical Education is a recognized qualification. It cannot be said that mere inclusion of degrees recognized by the Association of Indian Universities in the advertisement would mean that the qualifications prescribed in the advertisement are different from those given in the service rules.
The contention of the learned counsel for the petitioners, that against 69 posts, which were available, the Commission has advertised 81 posts, therefore, advertisement deserves to be set aside, is also misconceived. The petitioners cannot have any grievance to this, as it is for the employer to see how many posts are to be filled up. The Commission was to advertise as per the requisition sent by the department.
The contention of the learned counsel for the petitioners, that there has been violation of Articles 14 and 16 of the Constitution of India, as the persons like petitioners have not been permitted to compete, is also totally misconceived. The petitioners are admittedly having degree in Electronic and Communication, whereas posts are on the electrical side. Merely because certain electronics and communication engineers are available does not impose any obligation on the employer to include their qualification also in the advertisement for the posts, C.W.P. No. 18690 of 2009 -4- against the rules.
The contention of the learned counsel for the petitioners, that the requirement of diploma in computer is not mentioned, is also misconceived. Under the rules only requirement is of working knowledge of computer and exposure on common software or Diploma Course. This is not required if computer subject is included in the degree.
No merit.
Dismissed.
(Vinod K. Sharma) Judge December 07, 2009 R.S.