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2023 Supreme(P&H) 2335

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAISHREE THAKUR, J.
Manoj Lamba & Ors. – Petitioners
Versus
Haryana Staff Selection Commission – Respondent
CWP-21728 of 2018 (O&M)
Decided On : 02-06-2023

Advocates Appeared:
Mr. Ravinder Singh Dhull, Advocate for petitioners No.1 to 4.
Mr. Rishabh Gupta, Advocate for petitioner No.5.
Mr. Kapil Bansal, DAG, Haryana.

Headnote:(A) Constitution of India - Articles 226/227 - Writ petition for quashing respondent's notice and seeking eligibility for appointment to the post of Mandi Supervisor-cum-Fee Collector - Petitioners advertised for the vacancies and qualified but were deemed ineligible due to unrecognized computer courses - Court found only one petitioner eligible, and the others ineligible due to lack of recognized computer qualifications. (Paras 2, 4, 12)

(B) Eligibility Criteria - Requirement for the post includes a graduation degree and a six-month recognized computer course - Recognition of institutes is emphasized; mere registration is insufficient. (Paras 6, 8, 10)

(C) Judicial Review - Court exercises restraint regarding expert qualifications, underscoring that the equivalence of qualifications should be determined by experts, not judges. (Para 9)

Findings of Court:
The court concluded that most petitioners did not meet the qualification requirements, while only one petitioner was found to have a valid qualification.

Issues: Whether the petitioners possess valid qualifications for the desired post.

Ratio Decidendi: The court upheld that only recognized institutions could issue valid certificates as per the employment notice, and the employer holds the right to select suitable candidates.

Result: Petitioners No. 1 to 4 ineligible; Petitioner No. 5 eligible for the position.

Table of Content
1. legal eligibility based on qualifications and application process. (Para 1 , 2)
2. arguments on eligibility qualifications and certification. (Para 3 , 4)
3. court's examination of established qualifications and requirements. (Para 5 , 6 , 7)
4. determination of qualifications and expertise in judicial review. (Para 8 , 9 , 10 , 11)
5. final ruling on eligibility for post and directives. (Para 12)

JUDGMENT

Ms. Jaishree Thakur, J.

The instant writ petition has been filed under Articles 226/227 of the Constitution of India, seeking issuance of a writ in the nature of certiorari for quashing notice dated 10.08.2018 (Annexure P-15), wherein the petitioners have not been called for the interview and further for issuance of a writ in the nature of mandamus, directing the respondents to consider the petitioners eligible for the post of Mandi Supervisor-cum-Fee Collector.

2. In brief, the facts as stated are that the Haryana Staff Selection Commission advertised 126 posts of Mandi Supervisor-cum-Fee Collector vide advertisement dated 7/2015 dated 10.07.2015 (Annexure P-1) under category No.17. The petitioners herein, being fully eligible, applied for the post of Mandi Supervisor-cum-Fee Collector. Petitioner No.1 applied under General Category. Petitioner No.2 applied under BCB Category. Petitioners No.3 and 4 applied under ESM (General) category and petitioner No.5 applied under EBPG Category. The petitioners herein qualified the written examination and were called for scrutiny of documents but were not called for interview on the ground that their diplomas in Computer Education were not recognized by HARTRON/DOECC etc. and were declared ineligible for the said post. Petitioner No.1, being a General Category candidate, has secured total 164 marks and the last selected candidate under the said category has secured 154 marks. Petitioner No.2, being a BCB Category candidate, has secured total 149 marks and the last person selected under the said category has secured 147 marks. Petitioners No.3 and 4, being ESM General Category candidates, have secured total 105 marks and 102 marks respectively and the last person selected in their category has secured 101 marks. Petitioner No.5, being a EBPG Category candidate has secured total 149 marks and she was topper in her category. The entire grievance of the petitioners is that having obtained the necessary marks, they ought to be offered appointment by considering their Computer Courses as valid.

3. Learned counsel for the petitioners would contend that the petitioners are fully eligible to be appointed for the post of Mandi Supervisor- cum-Fee Collector and despite having sufficient marks, they have not been selected for the said post. They would argue that as per the advertisement issued, the essential qualification for the said post was Graduation with 55% marks from a recognized University or its equivalent with six months' certificate in computer from a recognized Institution and Hindi/Sanskrit up to Matric Standard or higher education. It is submitted that petitioner No.1 has done B.Com from Panjab University, Chandigarh and has obtained one year Diploma in Software Computer Management from J2K Infosys Education & Welfare Society, Bhiwani in June, 2015, which is registered by the Government of Haryana. Petitioner No.2 has done his B.Com from Maharishi Dayanand University, Rohtak and has obtained one year Diploma in Computers from Nice Computer Academy. Petitioner No.3 has obtained his Diploma in Computer Application issued by Rajeev Gandhi Computer Saksharta Mission, which is an autonomous institute of HTCRGCSM Education Pvt. Ltd., registered under Company Act, 1956 by Government of India. Petitioner No.4 has also done his Diploma in Computer Application from All India Computer Saksharta Mission, which is an autonomous institution registered under Government of India, SCT, New Delhi. Petitioner No.5 has done her B.Com from Kurukshetra University, Kurukshetra and has obtained

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