MANISHA Vs. STATE OF HARYANA & ORS.

JUDGEMENT

(1.) This order shall dispose of LPA Nos.284 to 287 & 404 of 2012 as all the appeals have arisen out of a common order dated 20.12.2011 passed by the learned Single Judge, dismissing a bunch of writ petitions wherein the appellant(s) sought a mandamus to direct respondent No.2 to appoint them on the posts of Dispenser Ayurveda for which they were duly selected by the Haryana Staff Selection Commission (in short, the Commission). For brevity, the facts are being extracted from LPA No.284 of 2012.

(2.) The posts of Dispenser Ayurveda were advertised by the Commission on 10.01.2009 (Annexure P4) prescribed the following essential qualifications:-

(3.) The appellants are said to have obtained one-year Diploma Course of Up-Vaid from Singhania University, Rajasthan - a deemed University. The appellants were treated eligible by the Commission and were eventually selected. The Appointing Authority on verification of the testimonials, declined to offer appointment to the appellants on the plea that they were required to possess a two-years Diploma of Up-Vaid and not that of one-year. The aggrieved appellants challenged the action of the Department but, as noticed above, their writ petition(s) have been dismissed by the learned Single Judge observing that mere selection does not confer an indefeasible right to seek appointment and that the respondents were well within their right to evaluate the veracity, utility and the level of education imparted by an institution conferring degrees/diplomas. The learned Single Judge took the view that in this era of mushroom growth of unwarranted institutions with poor credentials, an employer is well within his right to meticulously examine the testimonials of a potential employee and upon such a recourse it has been found that the appellants do not possess the Diploma as is being awarded by most of the other Institutions.