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                Assistant      Bachelor's    degree   in Minimum 02 years of
                Forensics      Forensic     Science   or work experience in
                Officer        equivalent from a Central any Government or
                               or     State   Government Quasi-Government
                               recognized University or Forensics
                               Institution.              Organization     or
                                                         Central or State
                                                         Government
                                                         Accredited Forensic
                                                         Science


                                  23 of 38

                                   Neutral Citation No:=2024:PHHC:039092
                                                         2024:PHHC:039092

CWP- 1971-2024 & connected cases                                           -24-



                                                            Laboratory(ies) or
                                                            Institute(s)     or
                                                            Central or State
                                                            Government
                                                            Chemical Examiner
                                                            Laboratory(ies) or
                                                            any Public Sector
                                                            Laboratory(ies).
             Computer/       Bachelor's     degree      in Minimum 12 years of
             Digital         Computer Science, IT or relevant              work
             Forensics       Electronics               and experience in Central
             Officer:        Communication            with Government or State
                             emphasis on Computer Government                  or
                             software and programming Public              Sector
                             from a Central or State Undertaking or any
                             Government recognized or e-Governance
                             an     AICTE        approved Project or in Private
                             University or Institution     Sector.
             Information     Bachelor's     degree      in Minimum 07 years of
             Technology      Computer Science, IT or relevant              work
             Officer:        Electronics               and experience in Central
                             Communication            with Government or State
                             emphasis on Computer Government                  or
                             software and programming Public              Sector
                             from a Central or State Undertaking or any
                             Government recognized or e-Governance
                             an     AICTE        approved Project or in Private
                             University or Institution.    Sector.
             Information     Bachelor's     degree      in Minimum 02 years of
             Technology      Computer Science, IT or relevant              work
             Assistant       Electronics               and experience in Central
             (Software)      Communication            with Government or State
                             emphasis on Computer Government                  or
                             software and programming Public              Sector
                             from a Central or State Undertaking or any
                             Government recognized or e-Governance
                             an     AICTE        approved Project or in Private
                             University or Institution.    Sector.
             Financial       Bachelor's     degree      in Minimum 07 years of
             Officer         Commerce or Finance from experience               in
                             a   Central      or     State accounting          or
                             Government        recognized banking or financial
                             University or Institution.    fraud investigations.
             Assistant       Bachelor's     degree      in Minimum 02 years of
             Financial       Commerce or Finance from experience               in
             Officer         a   Central      or     State accounting          or
                             Government        recognized banking or financial
                             University or Institution.    fraud investigations.




                                24 of 38

                                         Neutral Citation No:=2024:PHHC:039092
                                                               2024:PHHC:039092

CWP- 1971-2024 & connected cases                                              -25-



[Emphasis Supplied] 26 of 38 Neutral Citation No:=2024:PHHC:039092 2024:PHHC:039092 CWP- 1971-2024 & connected cases -27-

27. From the perusal of the above clauses of the advertisement, it comes out that advertisement notified minimum 12 years 'relevant work experience', however, did not clarify what would be considered as 'relevant work experience'. The advertisement further prescribed that selection would be made on the basis of written test and second stage is meant for scrutiny of documents. The result of written test was declared and list of short-listed candidates was prepared. Requisite number of candidates were called for document scrutiny. As per aforesaid clauses, the Stage-II comprised of scrutiny of documents which was confined to matching documents uploaded at the time of filing application with original documents. The respondent was not supposed to make either comparative study of the selected candidates nor lay down nature of experience. The respondent could verify authenticity of experience certificate furnished by candidates. There could be a candidate who possessed 12 years' experience in an organization but totally unrelated to IT field e.g. as data entry operator or marketing/finance manager. This is not case of the petitioners. Here, the respondent initially accepted experience of petitioners and issued provisional list of selected candidates. The requisite minimum qualification was 'Bachelor's degree in Computer Science, IT or Electronics and Communication with emphasis on Computer software and programming from a Central or State Government recognized or an AICTE approved University or Institution'. The expression 'relevant experience' in the absence of clarity was required to be read in conjunction with qualification. A candidate who had secured Bachelor degree in Computer Science or Electronics & Communication is supposed to have experience in the same field. Thus, in the absence anything contrary provided in the 27 of 38 Neutral Citation No:=2024:PHHC:039092 2024:PHHC:039092 CWP- 1971-2024 & connected cases -28- advertisement, any candidate having experience in the field in which he possesses degree ought to be considered as 'relevant experience'. The respondent in the advertisement did not define nature of experience which led to confusion and vicious litigation. The candidates possessing requisite degree are rejected on the ground of experience. The respondent for the first time while passing speaking order dated 16.03.2023 followed by order dated 26.05.2023 notified scope of expression 'relevant work experience'.

                Information     Bachelor's     degree      in Minimum 07 years of
                Technology      Computer Science, IT or relevant              work
                Officer:        Electronics               and experience in Central
                                Communication            with Government or State
                                emphasis on Computer Government                  or
                                software and programming Public              Sector
                                from a Central or State Undertaking or any
                                Government recognized or e-Governance
                                an     AICTE        approved Project or in Private
                                University or Institution.    Sector.
                Information     Bachelor's     degree      in Minimum 02 years of
                Technology      Computer Science, IT or relevant              work
                Assistant       Electronics               and experience in Central
                (Software)      Communication            with Government or State
                                emphasis on Computer Government                  or
                                software and programming Public              Sector
                                from a Central or State Undertaking or any
                                Government recognized or e-Governance
                                an     AICTE        approved Project or in Private
                                University or Institution.    Sector.


34. The respondent had advertised posts for Bureau of Investigation and selected candidates are supposed to have degree in IT/Computer Science/Electronic with experience of twelve years. They have to assist police officials to crack hard criminal cases, thus, public interest in the appointment of candidates is involved. The advertisement consisted of two stages of selection process and Stage-II comprised of documents scrutiny. The selection had to be made on the basis of written test and experience of 12 years. Nature of experience was not specified in the advertisement. Specification of 'relevant work experience' after declaration of result was contrary to advertisement, rules of game and legitimate expectation of the candidates.