NARINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition has been filed under Article 226 and 227 of the Constitution of India by Narinder Singh and Bishamber Singh, Agricultural Inspectors, Department of Agriculture, Haryana, for the issuance of an appropriate writ, direction or order quashing the advertisement the relevant extract of which is Annexure P.3 to the writ petition, issued by the Haryana Public Service Commission, laying down M.Sc. (Agriculture) in Agricultural Economics in second Division as minimum educational qualification for the post of Assistant Marketing Officer in the Department of Agriculture, Haryana.

(2.) The petitioners are B.Sc (Agriculture) and joined service as Agricultural Inspectors in the composite State of Punjab. On reorganisation of the State of Punjab with effect from November 1, 1966, they were allocated to the State of Haryana. Both the petitioners have completed about ten years' service. According to Rule 6 of the Punjab Agricultural Service (Class II) Rules, 1947 (hereinafter to be referred to as the Rules), one-third posts of Assistant Marketing Officers are to be filled up by direct recruitment. According to sub rule (ii) of Rule 5 of the Rules, the minimum educational qualification for the said post is diploma or a degree of a recognised institution in Science or the subject concerned. On August 20, 1970, the Haryana Public Service Commission (hereinafter to be called the Commission) advertised two posts of Assistant Marketing Officers for direct recruitment for which only B.Sc. (Agriculture) was prescribed as essential education qualification Petitioner No. 1 Narinder Singh, submitted application for the said posts, but interviews were not held. Again, in August, 1972, two posts of Assistant Marketing Officers were advertised by the Commission for which again, B.Sc (Agriculture) was prescribed as the necessary qualification. Both the petitioners again applied for the said posts. However, that time also, the interviews were not held and as a result, no selection was made. On October 14, 1975 one post of Assistant Marketing Officer were advertised by the Commission and the minimum education qualification was, however prescribed as M.Sc. (Agriculture). Petitioner No. 1, Narinder Singh, submitted a representation on November 4, 1975, to the Haryana Government and also the Commission to the effect that the educational qualification prescribed for the post was in violation of the Rules and that the interview and selection could not be held on that basis. A copy of that representation in Annexure P. 4 to the writ petition. As the advertisement prescribing M.Sc (Agriculture) as educational qualification for the post of Assistant Marketing Officer, published in the Government Gazette, (Annexure P.3) was neither withdrawn nor amended so as to prescribe B.Sc. (Agriculture) as essential educational qualification, the same has been challenged thought the present writ petition. it has also been averred in paragraph 5 of the writ petition that in the year 1959, in the composite State of Punjab, M.Sc (Agriculture) was prescribed as minimum educational qualification for recruitment to the posts of Deputy Director of Agriculture and the same was challenged by a writ petition vide Civil Writ Petition No. 1960 of 1965, decided on July 19, 1966, Joginder Singh Grewal v. The State of Punjab and others,1970 SLR 892. In compliance with that decision the Commissioner, Agricultural Production and Rural Development and Secretary to Government, Haryana, issued a letter to the Director, Agriculture, Haryana, vide Memo No. 8995 - Agricultural I(i)-67/28596 dated November 8, 1967. The following direction was issued in sub-paragraph (iii) of paragraph 1 of the said letter :

(3.) A copy of that letter is Annexure P. 1 to the writ petition. Replies have been filed by Shri Roshan Lal Sharma, under Secretary to Government, Haryana, on behalf of respondent No. 1 and by Shri S.D. Sharma, Secretary, Haryana Punjab Service Commission, on behalf of respondent No. 2.