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M.Tech in Electronic Degree.

Desirable Qualification Knowledge of customs, manner and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the Pradesh."

2. Record reveals that the petitioner and respondent No.2 having possessed B.Tech in Electronic and M.Tech in Electronic, respectively, from the recognized University applied for the post in question, but fact remains that respondent No.2 came to be selected against the post in question, as is evident from notification (Annexure A-3) on contract basis and since then she has been continuously rendering her services. During the proceedings of the case, it has been informed that respondent No.2 now otherwise stands regularized in the respondent-department in term of regularization policy framed by the State of Himachal Pradesh.

8. Today, before proceeding to hear the matter on merit afresh, this Court specifically enquired from the learned counsel representing the petitioner whether he wants to file any rejoinder to the reply filed by respondent No.2, but since learned counsel representing the petitioner specifically stated that no rejoinder is intended to be filed, matter came to be heard and decided finally vide judgment at hand.

9. Mr. Diwakar Dev Sharma, learned counsel representing respondent No.1, contended that since respondent No.2 possessed degree of M.Tech in Electronic, she was given preference over the petitioner, who apart from having Bachelor's degree have/had five years experience in Computer Manufacturing/ maintenance from the company of repute.

10. Having perused the essential qualification, as prescribed in the notification dated 21.7.2016 (Annexure A-3), this Court has no .

hesitation to conclude that candidate aspiring for the post of Computer Hardware Engineer on contract basis besides having B. Tech or M. Tech Degree in Electronic/I.T. ought to have possessed five years experience in Computer manufacturing/maintenance from a company of repute and as such if selection of respondent No.2 is tested on the touch stone of aforesaid condition, there appears to be force in the submission made by learned counsel for the petitioner that respondent-Board ought not have given preference to respondent No.2 over the petitioner merely on the basis of her higher education i.e .M.Tech in electronic. Essential qualification, as has been prescribed in the notification/advertisement dated 21.7.2016, nowhere suggests that person aspiring for the post in question should possess one of the qualification as provided under the column of essential qualification, rather he/she apart from having degree in B.Tech/ M.Tech in electronic should also possess experience of five years in Computer manufacturing/maintenance from a company of repute. Question of preference, if any, in terms of Clause-3 of essential qualification would arise when candidate claiming such preference was able to show that he/she is eligible to be considered for the post in question. Before claiming preference in terms of Clause-3, as provided in the column of essential qualification, candidate concerned is/was required to establish on record that he/she besides having B.Tech or M.Tech in electronic and I.T. from the recognized University, also possesses five years experience in Computer manufacturing/ maintenance from a company of repute. Had both the petitioner and respondent No.2 possessed equal qualification i.e. B.Tech/M.Tech with requisite .

7. Minimum educational and a) Essential:

other qualifications required for direct recruit(s). (i) B.E./B.Tech. Degree in Electronics & Telecommunication/ IT from a recognized University with at least .
                                              5 years experience in computer





                                              manufacturing/           maintenance
                                              company of repute.

                                              (ii)  Preference will be given to
                                              candidates     with   M.Tech.  in





                                              Electronic Degree.

                                              b) DESIREABLE QUALIFICATION
                                                 Knowledge of customs, manners
                                              and dialects of Himachal Pradesh
                                              and Suitability for appointment in





                                              the peculiar conditions prevailing in
                                              the Pradesh.
        8.    Whether         age      and
              Educational qualification(s)
              prescribed      for    direct
              recruit(s) will apply in the

              case of promotes.               Not applicable.

        9.    Period of Probation if any      Two years subject to such further
                                              extension    for    a   period    not
                                              exceeding one year as may be
                                              ordered by the competent authority
                                              in   special    circumstances    and
                                              reasons to be recorded in writing.


        10.   Method     of   recruitment,    100% by Direct Recruitment on
              whether       by       direct   contact basis.
              recruitment       or       by   Every members of the service on
              promotion,       deputation/    contract basis be eligible for
              transfer and the percentage     regularization as per policy of




              of vacancies to be filled in    Government of Himachal Pradesh
              by various methods.             for   regularization   of    contract
                                              employees, of course, subject to





                                              condition that his past record is
                                              found satisfactory and his initial
                                              appointment is in accordance with
                                              these Rules.





        11.   In case of recruitment by       Not applicable.
              promotion,       deputation/
              transfer, grades from which
              promotion/
              deputation/transfer is to be
              made.
        12.   If      a     Departmental      Not applicable.
              Promotion         Committee
              exists,    what     is    its
              composition?
        13.   Circumstances under which       As required under the Law.
              the    HPPSC    is   to   be
              consulted     in     making
              recruitment.