DINESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) In order to regulate recruitment to the post of Signallers in the Department of Irrigation, Haryana, the State Government framed the Haryana Irrigation Department, Signallers (Group-C) Service Rules, 1985 (for short, '1985 Rules'). Under these rules, the qualification for the post of Signaller is prescribed as matric and passing of telegraphy examination from Post and Telegraph Department. In the year 1990, the telegraphy system of communication was replaced by telephonic and wireless communication system in the department. However, insofar as aforesaid rules are concerned, no change was made therein and the requirement of passing the telegraphy examination continues to exist.

(2.) The respondent No.3 Haryana Staff Selection Commission (hereinafter referred to as the Selection Commission) has issued advertisement dated 18.3.2011 advertising 10 posts of Signaller on the basis of same qualification and the relevant portion of the advertisement reads as under:-

(3.) The petitioners have filed the present petition challenging the prescription of the qualification of telegraphy examination from Post & Telegraph Department for the said posts of Signaller, as, according to petitioners, the nature and duties of the Signallers in the respondentdepartment have drastically changed with the advancement of communication technology and, therefore, acquiring aforesaid qualification does not remain valid any longer. It is the submission of the petitioners that the basic duty of the Signallers is to transmit information relating to flow of water and other incidental matters concerning irrigation from one place to another. Earlier, there used to be telegraphic machines/instruments for the purpose of transmitting abovementioned information from one place to another. However, now the above telegraphic machines have been replaced by wireless communication or through telephonic transmission of messages. For the last about 15-16 years, most of the communication systems have been changed to wireless or telephonic transmission. Therefore, the petitioners contend that once the nature of the job of the posts of the Signallers has completely changed and the telegraphic system has become a thing of past, there is no justification to continue with the qualification of passing of telegraphy test for being eligible to compete for the posts of Signallers. The qualification prescribed for a post always has some nexus with the nature of duties assigned to that particular post. In view of the facts and circumstances mentioned above, the qualification of passing Telegraphy Test, prescribed for the post of Signallers, has no relevance with the nature of duties required to be performed by the Signallers. It is also pointed out that the telegraphy examination is conducted by the Department of Post & Telegraph. Only in-service candidates can appear in the Telegraphy Test conducted by the Department of Post & Telegraph. Until a person is sponsored by the department, he cannot appear in telegraphy examination. There is no institute in Haryana and inservice candidates of the department have been appearing at Telegraph Training Centre, Rajpura (Punjab) for Telegraphy examination. If the qualification prescribed is such which can only be fulfilled by in-service candidates, the very purpose of direct recruitment stands defeated. On that basis, it is argued that the requirement of passing the Telegraphy Test be done away with and since it has no nexus with the purpose of the duties of the Signallers, the same needs to be quashed.