R N GOYAL Vs. ASHWANI KUMAR GUPTA

JUDGEMENT

(1.) In the Directorate of Industries in the State of Haryana, there is a service known as "group A" Service (hereinafter referred to as "the Service") and the members of the Service are governed by the Rules, known as "the Haryana Industries (Group A) Service Rules, 1986" (for short "the Rules"). At relevant point of time, the appellant in CA No. 5644 was holding the post of Deputy Director (Engineering Goods). Subsequently, he was promoted to the post of Technical Expert (Mechanical Engineering). The respondents herein challenged the appointment of the appellant by means of a petition under Art. 226 of the Constitution of India. The High Court found that the said appellant did not possess the requisite qualification for being appointed as the Technical Expert (Mechanical Engineering). Consequently, his appointment was set aside and it is in this way the appellant and the State of Haryana are before us.

(2.) It is not disputed that at the relevant time the appellant was working as the Deputy Director (Engineering Goods). It is also not disputed that for appointment other than by direct recruitment, the requisite qualifications for appointment to the post of Technical Expert (Mechanical Engineering) are: (a) Graduate in Mechanical Engineering or Electrical Engineering; and (b) five years' experience as Deputy Director (Technical) , Technical Specialist for Plastic Goods. It is further not disputed that the appellant did not have the qualification of five years' experience as Deputy Director (Technical) , Technical Specialist for Plastic Goods. Rule 7 provides that no person shall be appointed to any post in the Service unless he is in possession of qualification and experience specified in column 3 of Appendix B to these Rules in case of direct recruitment and those specified in column 5 of the aforesaid appendix in the case of appointment other than by direct recruitment.

(3.) The instant case was not a case of appointment by direct recruitment. It was other than the direct recruitment and, therefore, R. 9 (1) (b) of the Rules was applicable. R. 9 (l) (b) of the Rules provides thus: