SUDERSHAN SINGH Vs. HARINDER MOHAN SHARMA

JUDGEMENT

(1.) These two appeals raised a common question of fact and law and hence they are being disposed of by this common order. The dispute pertains to the appointment on the post of computer programmer in the Bhakra Beas Management Board, Chandigarh. It appears that to fill up the aforesaid post the internal candidates were considered who were working in the organisation. The appellant Sudershan Singh was one of the candidates who was already working in the organisation, initially as data entry operator and thereafter he was working as computer operator. The Selection Committee, duly constituted according to the norms of the organisation, considering the qualification of Sudershan Singh selected him for the post. He was also given appointment for the post of computer programmer on 6-2-1996. But immediately thereafter his appointment was challenged by Shri Harinder Mohan Sharma by filing a writ petition in the High Court being Writ Petition No. 2185 of 1996. The main grounds which seem to have been raised in the writ petition are that though qualified yet the petitioner was not called for selection process and the other that Sudershan Singh did not possess the qualification as required, was appointed. According to Respondent 1 Harinder Mohan Sharma, the appellant did not have diploma in computer programming nor had he two years' experience in scientific programming. The High Court accepted these contentions and, therefore, set aside the order of appointment of appellant Sudershan Singh.

(2.) We have heard the learned counsel for Sudershan Singh as well as Shri S.V. Deshpande, learned counsel for the Bhakra Beas Management Board. The learned counsel, Shri Deshpande informs that Respondent 1 Harinder Mohan Sharma, who had also been working in the organisation is now no more there and has already left the job. Maybe, for that reason that he is not represented before us as none appears for him though he is served.

(3.) According to the learned counsel for the appellant Sudershan Singh, the appellant was fully qualified answering the qualifications laid in the circular. It is submitted that he had rather better qualification and had accomplished higher courses which also included the course in computer programming. In this connection he has drawn our attention to Annexures R1/3 and R1/4, to indicate the course that he has undergone and the certificate issued in respect thereof. So far as the question of experience in scientific programming is concerned, his case is that he had gained/acquired sufficient experience in that field while working in the organisation itself. His case is that he has been working in the organisation since 1987, initially as data entry operator and later on, since 1992, as computer operator. It is also indicated that in connection with the experience gained, the organisation has also issued a certificate to him. We feel that the question as to whether the appellant Sudershan Singh fulfilled the required qualification for the job or not was a question basically for consideration of the Expert Committee which held the selection. Learned counsel appearing for the Bhakra Beas Management Board submits that the Selection Committee had selected the appellant Sudershan Singh on being satisfied that he possessed the required qualification. That being the position, there was hardly any occasion for the Court to have recorded any other finding or substitute its own opinion about the qualification possessed by the appellant Sudershan Singh.