KHUBI KHAN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner has approached this Court seeking regularization on the premise that he was working as an Electrician on contractual basis in the office of the respondent-State since 16.9.2004 and his services were extended from time to time. He is stated to have passed 10+2 examination and also done a certificate course of an Electrician and in that regard attached a certificate alleged to have issued by the Principal Medical Officer B. K. Hospital, Faridabad showing that his work and conduct had been found satisfactory during all the period. It has further been submitted that his case for regularization had been recommended by a Civil Surgeon, Faridabad to Director General, Health Services, Haryana- respondent No.2. He has based his claim to seek regularization on the basis of notification dated 8.6.2014 (Annexure P-4) promulgated by Haryana Government Chief Administrative Department and on the basis of condition No. (i) of the notification ibid as he is stated to have worked for more than 3 years as on 28.5.2014 and being still in service. The letter Annexure P-5 dated 14.8.2014 has been attached, to contend that the Civil Surgeon had also send a reminder seeking regularization of the services of the petitioner on the post of an Electrician.

(2.) The respondents in written statement came out with a plea that while considering the case of the petitioner for regularization it was found that the petitioner did not have essential qualification for the post of Electrician. For the sake of brevity the requisite qualification is extracted hereunder:- <FRM>JUDGEMENT_85_LAWS(P&H)3_2015_1.html</FRM>

(3.) It has further been stated that the petitioner has passed Matriculation and submitted a certificate dated 19.6.1993 issued by Board of Haryana Secondary Education, Delhi and the Haryana Board of Secondary Education is not a recognized Board. It has further been stated that the petitioner is stated to have passed his Matriculation from Hindi Sahitya Sammellan, Prayag, Allahabad and submitted a certificate dated 31.12.1993 issued by the aforementioned Authority (Annexure R-5) and the said Hindi Sahitya Sammellan, Prayag has been held to be not a recognized Board much less could not be considered for admission at the National Institute of Open Schooling and since the petitioner did not possess the prescribed qualification of Polytechnic and ITI, as well as of Wireman, the case of the petitioner did not fall in any of the conditions of regularization policy dated 18.6.2014. It was further stated that the petitioner was not appointed/engaged against the sanctioned vacant post.