SUDESH KUMAR Vs. HARYANA STAFF SELECTION COMMISSION, PANCHKULA

JUDGEMENT

(1.) In this writ petition, the petitioner prays that he should have been considered for appointment as a Station Supervisor for which post he had applied pursuant to the advertisement issued by the Haryana Staff Selection Commission on 22.8.2007. According to the advertisement set out for the said post, the eligibility criteria was as below:-

(2.) According to the petitioner, he was fully eligible and applied for the same but in June, 2009 but the entire process was scrapped by the respondents and a public notice was given out in the newspaper stating that consequent upon the non-availability of the eligible candidates certain categories of posts specified in the said notice were cancelled. The post of Station Supervisor was one of them. The petitioner made efforts under the Right to Information Act and the information given to him was that he was the sole eligible candidate. This has become the basis of the instant petition wherein the petitioner alleges that he being eligible should have been considered for the post advertised and same could not have been cancelled on the plea that no eligible candidate was available.

(3.) Upon notice of motion having been issued, the respondents have filed their reply and have stated that the petitioner did not have the requisite qualification as he lacked minimum 5 years experience in motor road transport Government or semi Government Department or Public Undertaking. Regarding the qualification possessed by the petitioner, a specific reference was made to the Secretary to Haryana Staff Selection Commission, Panchkula who opined vide Annexure R-1 that qualifications possessed by the petitioner are not to be construed to be legitimate to be considered for the post and thereafter finding no eligible candidate for the selection, the said post was scuttled.