MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is by special leave and is directed against the appellate judgment of a Division Bench of the Punjab and Haryana High Court upholding the decision of a learned single Judge of that Court by dismissing the appeal in limine. The Haryana Public Service Commission advertised the filling-up of 4 posts of District Food and Supplies Officers by direct recruitment. The Commission prescribed, inter alia, that one of the essential qualifications shall be "five/three years' experience as an executive officer in a commercial organisation of Government or. Semi-Government office before or after acquiring the academic degree" and the Special Secretary to Haryana Government in the Food and Supplies Department, on 20th of February, 1981, wrote to the Secretary of the Commission affirming that position and added that:

(2.) The Commission called the appellant and other similarly placed candidates for interview but required them to produce certificates from the State Government to the effect that they had the requisite experience of executive officer. The State Government, however, did not issue such certificates and in their absence the Commission did not consider the Inspector and Sub-Inspector candidates as having the requisite qualification for being candidates for the post. The selection was undertaken excluding them. Thereupon a writ petition was filed before the High Court claiming that the appellant had the requisite qualification having been an executive officer for the requisite period and his exclusion was unjustified and the selection made by the. Commission was hit on account of infraction of the provisions of Article 16 of the Constitution. The learned single Judge negatived this stand and dismissed the writ petition* and the Division Bench upheld the decision of the single Judge by dismissing the appeal in limine.

(3.) In this appeal the sole question for consideration is whether Inspectors and Sub-Inspectors of Food and Supplies Department are executive offices. That they held executive posts and for the required period was conceded in Government letter of 21st of February, 1981. It has, therefore, to be found out whether Inspectors and Sub-Inspectors could be treated as officers.