DARSHAN SINGH NAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this petition filed under Article 226 of the Constitution is to the promotion of respondent 3 to the post of Principal, Government Polytechnic on the ground that she is ineligible.

(2.) Facts that are necessary for the decision of this case may first be noticed.

(3.) The three petitioners are working as Heads of Departments in Mechanical Engineering, Automobile Engineering and Electronics respectively whereas respondent 3 was working as Head of the Department in Applied Sciences. They are all members of the Haryana Technical Education Department (Group-A) Service which is governed by the Rules framed by the Governor of Haryana under the proviso to Article 309 of the Constitution called the Haryana Technical Education Department (Group-A) Service Rules, 1986 (for short the Rules). These Rules regulate the recruitment and conditions of service of persons appointed to the service which comprises the posts shown in Appendix-A to the Rules and that includes the posts held by the petitioners and respondent 3. The Technical Education Department of the Haryana Government is running various Polytechnics/Institutions in the State which are Engineering Polytechnics/Institutions and non-Engineering Polytechnics/Institutions. A Polytechnic having more than 60% non-Engineering courses is declared as non-Engineering Polytechnic while the others are treated as Engineering Trades. Recruitment to the service in the case of Principals of Polytechnics offering diplomas in Engineering Trades and non-Engineering diplomas is governed by Rule 9 of the Rules the relevant part of which reads as under:-