MUNIR GUJRAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner who is a District Public Health Nurse, has filed this petition under Articles 226 and 227 of the Constitution of India, praying for issuance of a writ of ceritiorari or quo warranto thereby quashing the appointment of respondent No. 4 as the Assistant Director (Nursing) Class-II in the Department of Health, Haryana, on the ground that respondent No. 4 did not possess the requisite site experience prescribed in the rules and the advertisement. Respondent No. 3 Haryana Public Service Commission, Chandigarh (for short the Commission) issued advertisement No. 5 which appeared in a section of Press on 15.8.1988 inviting applications for the post of one Assistant Director (Nursing) Class-II in the Health Department Haryana in the pay scale of Rs. 2000-3200 for which there was no upper age limit for the government employees. The essential qualifications prescribed for the post were as under :-

(2.) The Commission recommended the name of respondent No. 4 for appointment as the Assistant Director (Nursing), Class-II. The Government accepted the recommendations of the Commission and appointed respondent No. 4 for the advertised post.

(3.) The petitioner's grievance is that respondent No. 4 was not eligible for the post of the Assistant Director (Nursing) Class-II as she did not possess the prescribed qualifications. In order to prove this fact, the petitioner has placed on record an experience certificate dated NIL, Annexure P-2 issued by the Additional Director, Health Services, Haryana to respondent No. 4, which reads as under :