NARPAL SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By this order, I propose to dispose of two civil writ petitions i.e. CWP Nos.1868 of 2009 and 16617 of 2009 as the same selection is involved in both these petitions. Facts are being taken from CWP No.1868 of 2009.

(2.) Petitioner has approached this Court impugning the advertisement dated 23.7.2007 (Annexure P-1) vide which applications were invited for appointment to the post of Mali by the Forest Department, Haryana, on the ground that the said advertisement has been issued in violation of the Statutory Rules governing the service.

(3.) It has been asserted by the counsel for the petitioner that as per the Haryana Forest Subordinate (Group D), Service Rules, 1998 (hereinafter referred to as 1998 Rules), the qualification prescribed for the post of Mali is middle pass with knowledge of Hindi and three years' experience as a Mali in a Nursery whereas in the advertisement, three years' experience has been further qualified that it must be from the Haryana Forest Department/Government Nursery of Horticulture Department. His further contention is that most of the selected candidates and specifically respondents No.7, 17 and 51 do not possess the experience certificate of a Mali as per the advertisement as the experience certificate attached by them is that of Labourers and no date has been specified as from which date they were appointed and had worked for three years. It is on this basis that the petitioner had assailed the selection of the private respondents and has prayed for the writ to be allowed.