AMARJEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners have sought for a declaration to be issued to Haryana Public Service Commission so as to recommend their names to the State of Haryana with a view that they be appointed to the posts under contention. It shall be useful to give brief but necessary facts which have driven the petitioners to seek the desired relief by filing the present petition under Articles 226/227 of the Constitution of India.

(2.) Both the petitioners are holding degree of B. Tech. Whereas Amarjeet Singh secured high Second Division with 65% marks, petitioner Jaspal Singh secured First Division with grading of 80%. Both of them have adequate experience to their credit. Whereas petitioner Amarjeet Singh worked as a Technical Assistant in Haryana Agriculture Department from October 1978 to April 1982 and thereafter as Agriculture Officer with the Punjab National Bank, petitioner Jaspal Singh had vast experience in the specialised discipline of Agricultural/Farm Implements. Government of Haryana on October 9, 1987 sent requisition to Haryana Public Service Commission for filling up two posts of Assistant Agriculture Engineers and four Subject Matter Specialists (Agriculture Implements) in class II service. This was followed by yet another requisition dated November 16, 1987 which was for five more posts of Subject Matter Specialists in Farm Implements. On requisition having been received by the Public Service Commission, the process for filling vacancies was initiated by issuing press advertisement which clearly mentioned that the requirement was for filling up two temporary posts of Assistant Agriculture Engineers and nine Subject Matter Specialists (Farm Implements) in HAS II. The essential qualifications were B.Sc./B. Tech. in Agriculture Engineering, three years' field experience in the line after acquiring minimum basic qualifications and adequate knowledge of Hindi. It is an admitted position that both the petitioners who adequately satisfied the requirements applied for considering them for the posts in question. In all, 25 persons responded to the advertisement but only 8/9 persons were found eligible including the petitioners who were called for interview. The result came to the notice of petitioners vide press release that appeared in Indian Express on August 28, 1988 that only four candidates had been recommended by the respondent Commission against 11 requisitioned posts. The petitioners maintain that some of the selected/recommended candidates were less meritorious than the petitioners. In other words, selection of four candidates was stayed to be based upon entirely extraneous considerations.

(3.) The appointment to Class II Service in the Haryana Agriculture Department is regulated by the Punjab Agricultural Service (Class-II) Rules, 1947. The appointment to the Service is regulated by Rule 7 and it shall be useful to reproduce the same which runs as follows :-