PREM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order of mine shall dispose of five civil writ petitions bearing No.17223, 17225, 17227, 17412 and 17423 of 2019 as the common question of law and fact is involved. The facts are being taken from CWP No.17223 of 2019. In CWP No.17223 of 2019, the petitioners (49 in number), have sought two-fold claim:-

(2.) Dr. Anmol Rattan Sidhu, learned Senior Counsel assisted by Mr.Mahir Sood and Mr. Anil Kumar Singh Goyat, Advocates, submits that the Punjab Public Works Department (Irrigation Branch) Patwaris State Service Class III Rules, 1955 prescribed the minimum educational qualification for filling up the posts as Matriculation or School Leaving Certificate Examination of a recognized University or its equivalent with a preference to candidates having higher qualifications. The aforementioned rules were in vogue during all the advertisements, referred to above, but for the first time, the educational qualification has been fixed as graduation and, therefore, the petitioners have become ineligible for seeking employment. Mr. Hitesh Pandit, learned Additional Advocate General, Haryana, representing the State submits that the rules, ibid, have been amended vide notification dated 07.06.2019 and the advertisement was issued on 13.06.2019, i.e., post amendment, whereby the qualification for Canal Patwari has been fixed as (i) Graduate or its equivalent; (ii) Hindi/Sanskrit upto Matriculation as one of the subject or Higher Education. There is no challenge to the aforementioned rules and, thus, there is no force in the contention of the learned counsel for the petitioners to challenge the advertisement as they are over age for being appointed on regular basis. Mr. Sidhu, in rebuttal, confines the other relief with regard to the prayer for regularization of the services.

(3.) I have heard the learned counsel for the parties, perused the paper book and of the view that the entire genesis of the writ petitions is based upon the educational qualification, referred to in the advertisement issued previous to the amendment of the rules fixing as Matriculation or School Leaving Certificate Examination of a recognized university or its equivalent with a clarification that the preference would be given to candidates possessing higher qualifications