NARESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed to quash advertisement Annexure P-3 dated 12.3.1994 issued by Haryana Public Service Commission (hereinafter referred to as 'the Commissioner') for recruitment to the post of Labour-cum-Conciliation officer and also for quashing of order Annexure P-8 issued by the Financial Commissioner and Secretary, Government of Haryana, Labour Department, rejecting the representation of the petitioners regarding their eligibility for recruitment of the post of Labour-cum-Conciliation officer.

(2.) The petitioner who are Post Graduate in Social Welfare with specialisation in Labour Welfare, applied for recruitment to the post of Labour-cum-Conciliation Officer pursuant to advertisement Annexure P-3 issued by the respondent-Commission. After scrutiny of the applications, the commission rejected their candidature on the ground that they do not possess the qualifications prescribed for the post of Labour-Cum-Conciliation officer. Aggrieved by the decision of the commissioner to reject their candidature, the petitioner filed their C.W.P No. 17142 of 1994. The same was disposed of by a division bench on 2.12.1994. with a direction to the respondents to decide the representation of the petitioners by passing a speaking order. In compliance of the direction given by the High Court , respondent No. 1 passed order Annexure P-8 and rejected the plea of the petitioners the qualification possessed by them should be treated as equivalent to the degree of labour welfare. The decision of the respondents Commission to reject their candidates as well as the decision of respondent No. 1 to decline their request for treating them eligible for recruitment to the post of labour-cum-Conciliation officer has made the petitioner to again approach this court for issue an appropriate writ or direction to quash Annexure P-4 and P-8 and also issue a direction to the commission to interview them for the post of Labour-Cum-Conciliation officer.

(3.) It also appears from the record that the commission had earlier advertised five posts of Labour-cum-Conciliation officer wide annexure P-1. Petitioner Naresh kumar filed C.W.P No. 15528 of 1992. After hearing the parties, this court had disposed of the writ petition with a direction to the State Government to decide the representation of the Labour Department No. 3. The court also directed that fresh advertisement shall be issued for filling up the posts of Labour-Cum-Conciliation officers after the decision of the Government and then it shall be open to the petitioner to apply for the post ans his case shall be considered subject to his fulfilling qualification prescribed in accordance with law. For alleged non-compliance of the order of this Court dated 10.05.1993, petitioner No. 1 filed C.O.C.P. No. 931 of 1993. During the pendency of the contempt proceeding, a statement was made before the Court that the post were being shortly advertised. Immediately thereafter, advertisement Annexure P-3 came to be issued by the commission. The petitioners have challenged the rejection of their candidates on the ground that vacancies which had occurred prior to 24.2.1994, will have to be filed in the basis of qualifications prescribed by the existing rules and the amendment made in the rules vide notification 24.2.1994, cannot be applied to existing vacancies. Another contention of the petitioner is that the qualifications prescribed in the notification dated 24.2.1994. are wholly arbitrary because there is no University which awards degree in Labour Welfare and the Government did not apply its mind while amending the rules and prescribing qualification of degree in Labour-Cum-Conciliation Officer. Order Annexure P-8 has been challenged on the ground that the Government has not properly appreciated the contents of the syllabus of the course undertaken by the petitioner at Udaipur School of Social Work, Rajasthan Vidyapeeth.