JAGDISH CHAND Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking quashing of the selection of Data Entry Operator made by respondent No. 4 and further prayer is for issuing of appointment to the petitioner instead of respondent No. 5, who does not possess the qualification duly notified in the advertisement No. 5/93 published on 22.09.1993.

(2.) Respondent-Subordinate Service Selection Board, Haryana issued an advertisement to fill up one post of Date Entry Operator in the Health Department Haryana (P-1) and petitioner as well as resondent No. 5 submitted their application and were interviewed on 14.02.1995 along with other candidates. However, respondent No. 5 who is not possessing one year certificate from I.TI Diploma from Polytechnic in Data Entry, which was one of the essential qualification for the post, has been selected and was appointed as Data Entry Operator in the office of respondent No. 3 and hence the present writ petition.

(3.) On notice, a reply has been filed by respondent Nos. 1 to 3 taking a stand that petitioner possessed one year provisional National Trade Certificate of Industrial Training Institute Ambala City and passed the prescribed trade test in the trade of Data Preparation and Computer Software having the subjects of practical, theory and social study whereas respondent No. 5 possesses three year diploma course in Computer Engineering awarded by State Board of Technical Education, Haryana possesses qualifications of Data entry in the course curriculum, of Three years diploma in Computer Engineering. Further she has passed the subjects of computation, data structure, data processing project, computer organisation and programming including Introduction to System of Software besides other subjects in her three years diploma in Computer Engineering. Thus, respondent No. 5 was possessing higher qualification than those held by petitioner.