DHARAMPAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Both the appeals, being directed against the common judgment and order dated 11.12.2008 passed by a learned Single Judge of this Court in a proceeding registered and numbered as CWP No. 9463 of 2004, were heard together and are being disposed of by this common order.

(2.) Advertisement No. 08 (Annexure P/1) was issued by the Haryana Public Service Commission inviting applications for filling up four temporary posts of Senior Analyst/Analytical Chemist in the H.A.S. (Group A) in the Agriculture Department of the State of Haryana. 24.09.2003 was fixed as a last date for submission of applications. The conditions of eligibility; qualifications and other service conditions of the posts advertised are governed by the provisions of the Haryana Agricultural (Group A) Service Rules, 1996, as amended (hereinafter referred to as the Rules). Under the Rules, the essential qualifications prescribed for the posts in question are as follows:-

(3.) While the petitioners No. 1 and 2, namely, Rishi Raj and Dinesh respectively applied for the posts and were not successful in the selection process, the other petitioners did not participate, but as stated at the Bar were merely holding the posts on officiating promotion. According to the petitioners, the appellant/respondent No. 4, Dharampal, was neither a Ph.D. nor did he have the requisite experience in fertilizers/pesticides/soil testing in any recognized University. In so far as the respondent No. 5, Om Parkash is concerned, according to the petitioners, the aforesaid respondent had obtained the Ph.D. Degree on 15.11.2003 whereas the last date for submission of applications was 24.09.2003. He, therefore, did not fulfill the prescribed qualification of having a Ph.D. Degree. The alternate qualification, namely, three years' analytical experience in fertilizers/pesticides/soil testing in any recognized university was also not possessed by the respondent No. 5. Therefore, according to the petitioners, both the respondents No. 4 and 5 were not eligible despite which they were selected and appointed.