ORDER

Leave granted.

2. This appeal by special leave arises from the judgment of the Division Bench of the Punjab and Haryana High Court, made on May 29, 1996 in CWP No. 16133/95.

3. The admitted position is that an advertisement was published by the respondent for recruitment to the post of Assistant Secretary to the Haryana State Agricultural Marketing Board. Our of 11 posts notified for recruitment, six posts were reserved for general candidates, 3 posts for Scheduled Castes and 2 posts for Other Backward Classes. Pursuant thereto, the appellant had appealed for consideration of his claim for appointment. The qualifications prescribed under the Haryana State Agricultural Marketing Board Service Rules, 1974 (for short, the Rules ) are thus :

"(1) Graduate of recognised University; and

(2) Adequate knowledge of the Punjab Agricultural Produce Marketing Act, Rules and Regulations; and

(3) At lease three years experience in Government office/Semi Government Body."

4. The appellant had the experience of working in Haryana Warehousing Corporation (i) from 6.10.1984 to 4.1.1985, (ii) from 7.1.1985 to 31.3.1985, (iii) from 6.5.1985 to 28.7.1985, (iv) from 30.7.1985 to 29.10.1985 and (v) from 2.11.1985 to 5.12.1985. He also had the experience of working in Hissar National Cooperative House Building Society Ltd., Hissar between 24.4.1988 and 30.4.1991. On the basis thereof, he was selected and appointed. He joined duty on August 1, 1992. Subsequently, Writ Petition No. 161/95 was filed and by judgment dated January 2, 1995, the High Court directed the Board to examine whether the appointments were duly made and appointees were duly qualified in accordance with the rules. It was directed further that in case, the candidates were not qualified, the appointments must be deemed to have been set aside. In furtherance thereof, a notice was given to the appellant to produce the record. Accordingly, the appellant produced the record. The authority considered the same and held thus :

"Shri Krishna Kumar, respondent No. 6 has produced the experience certificate of the Hissar National Cooperative House Building Society Ltd., Hissar where he has worked as Accountant-cum-Clerk from 24.4.1988 to 30.4.1991. His appointment is also subject to verification of the experience certificate submitted by him. In case, the experience certificate is not found genuine as per rules, the Board reserves the right to cancel his appointment."

5. It is stated that they have examined the certificate and found it to be genuine but Hissar Cooperative House Building Society was not found to be a Semi-Government Society. No contribution of the Government fund was made to the society. Therefore, he was not eligible to be appointed. Accordingly, his appointment came to be terminated. Calling that order in question, he filed writ petition which was dismissed. Thus, this appeal by special leave.

6. The notice was issued by this Court on September 30, 1996 wherein it was stated as under:

"It is reported on instruction by the learned counsel for the petitioner that the petitioner is now of 36 years of age and he will not be qualified for any other appointment. He also states that the petitioner has meritorious record to his credit. Therefore, he requests that a notice may be issued to the respondent to consider his case on sympathetic consideration."

7. Counter-affidavit has been filed by the respondent stating that they are not willing to consider his case sympathetically. They have stated in their counter-affidavit in para 3(f) that the Hissar National Cooperative House Building Society is not a semi-Government body as per report of the Registrar, Cooperative Societies, Haryana. Thus he does not fulfil the qualification prescribed under the rules.

8. The learned counsel for the appellant has contended that he has not submitted any illegal certificate. He has submitted the certificates before the authority which was found to be corr