NARENDRA SINGH YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this writ petition is for issuance of a writ of mandamus to consider the claim of the petitioner for appointment as Assistant Engineer (Civil) from the date, his other batch mates were appointed and for grant of all consequential benefits.

(2.) Petitioner, who is an ex-serviceman, in response to an advertisement dated 07.08.2008 issued by the Haryana Staff Selection Commission for filling up 30 posts of Assistant Engineer (Civil), applied. Out of these 30 posts, two posts were reserved for ex-servicemen category. Petitioner, after going through the selection process, was selected and his name recommended to the Government by the Haryana Staff Selection Commission for appointment to the post of Assistant Engineer (Civil). He was waiting for his appointment letter but he did not receive the same. Thereafter, he came to know that another candidate, who was selected against the post of an ex-serviceman and was, as a matter of fact, dependent of the ex-serviceman, was offered appointment in Aug., 2009. He, thereafter, approached the respondents and he came to know that his candidature has been rejected on the ground that he did not possess a degree in Engineering (Civil). It is at this stage that the petitioner has approached this Court by way of present writ petition praying for issuance of a writ of mandamus for appointment to the post of Assistant Engineer (Civil).

(3.) Counsel for the petitioner contends that the petitioner is eligible for appointment to the post of Assistant Engineer (Civil) and the contention of the respondent for not issuing him the appointment letter as he does not hold such a degree, is totally misconceived. He contends that the petitioner passed three years diploma course in Civil Engineering from Haryana Polytechnic, Nilokheri and was issued Diploma of the Haryana State Board of Technical Education on 21.01.1986 (Annexure P-1) and he has technical experience of more than 18 years. He contends that as per the decision of the Government of India dated 26.05.1977 relating to Recognition of Technical and Professional Qualifications, it has been held that a Diploma in Engineering in appropriate discipline plus total ten years of technical experience in the appropriate fields will be treated and recognised as equivalent to Degree in Engineering. The same will be treated valid for the purposes of selection to Gazetted posts and services under the Central Government or State Government. This decision of the Central Government is applicable to the State of Haryana in the light of the letter dated 18.03.1975 issued by the Education Commissioner and Secretary to Government of Haryana (Annexure P-5), wherein a Policy Decision has been taken with regard to recognition of different types of qualifications for appointments and Clause 1 thereof provides that the degrees and diplomas etc., which are recognised by the Government of India, will be deemed to be recognised by the Haryana Government. He, on this basis, contends that the petitioner having the requisite Diploma and the experience was holding qualification equivalent to a Degree in Engineering and thus, entitled to the appointment to the post of Assistant Engineer, for which he was duly selected by the Haryana Staff Selection Commission. Reliance has also been placed on a Division Bench judgment of this Court passed in CWP No. 17974 of 2006 of 2006 titled as Devinder Singh Malik Vs. Haryana Power Generation Corporation Limited, Panchkula and others, decided on 10.01.2008 (Annexure P-7), wherein this very issue has been considered and decided by the Court holding the petitioner therein entitled to the appointment to the post of Assistant Engineer.