HARSH VARDHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The two petitioners in these two cases impugn the action of the respondents in advertising the posts of Senior Scientific Officer (Physics) and Scientific Assistant (Physics) for being filled up by direct recruitment.

(2.) Learned counsel for the parties have referred to the facts as averred in Civil Writ Petition No. 10990 of 1993. These may be briefly noticed.

(3.) The petitioner is a Graduate in Science. She was appointed as a Laboratory Assistant in the Forensic Science Laboratory, Haryana on January 9, 1986. She was initially appointed on ad hoc basis, but her services were regularised w.e.f. January 1, 1991. On May 25, 1993, the petitioner submitted an application with a prayer that her claim be considered for promotion to the post of Scientific Assistant. The Director wrongly assumed that the petitioner had not acquired the requisite experience of three years and as such, ordered that the representation be put up in January 1994. In the meantime, the post of Scientific Assistant (Physics) was advertised. This advertisement was published in the Daily Tribune of August 7, 1993. The petitioner submits that she fulfils the qualification for appointment by promotion and that the action of the respondents in not considering her claim, is violative of Articles 14 and 16. She also alleged that Rule 9 of the Haryana Forensic Science (Group C Scientific Staff) Service Rules, 1979 gives totally arbitrary, unrestricted and unguided powers to the authorities to adopt any mode of recruitment. It is, as such, being misused. She also alleges that various persons who were similarly situated have been promoted from time to time. According to her, the action of the respondents suffers from the vice of discrimination.