IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-31866-2024 Date of Decision: 18.03.2025 Kartik Rana ......Petitioner(s)

Versus State of Haryana and others .....Respondent(s)

CWP-34526-2024 Vijaya Rani Singh and another ......Petitioner(s)

Versus State of Haryana and others .....Respondent(s)

AND CWP-3163-2025 (O & M)

Shalvi ......Petitioner(s)

Versus State of Haryana and others .....Respondent(s)

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: Mr. Sumit Sangwan and Mr. Mohit, Advocates, for the petitioners.

Ms. Rajni Gupta, Addl. A.G., Haryana.

Mr. G.S. Sandhu, Advocate, for respondent No.4 (in CWP-34526-2024).

Mr. Balvinder Sangwan, Advocate, for HPSC (in CWP-31866-2024 and CWP-3163-2025).

JAGMOHAN BANSAL, J. (Oral)

1. By this common order, three civil writ petitions i.e. CWP Nos. 31866 and 34526 of 2024 and CWP-3163-2025 are hereby adjudicated as issues involved and prayer sought in all the petitions are common. For the sake of convenience and with the consent of parties, the facts are borrowed from CWP-

31866-2024.

2. The petitioner through instant petition under Articles 226 and 227 of the Constitution of India is seeking setting aside of result dated 21.11.2024 (Annexure P-6) whereby respondent No.5-Haryana Public Service Commission (in short 'the Commission') has called candidates for interview/viva voce for the post of Senior Scientific Officer (DNA) (for short 'SSO') in FSL, Madhuban, Karnal, Haryana.

3. Respondent No.5-Commission issued advertisement No.7/2024 dated 06.03.2024 whereby applications were invited for different posts in FSL, Madhuban, Karnal. The opening date for filing application was 11.03.2024 and closing date was 26.03.2024. The petitioner submitted his application form on 26.03.2024 under general category. There are three posts of SSO and one is reserved for Scheduled Caste category. The petitioner was issued admit card. He appeared for written test conducted on 25.06.2024. The respondent declared result on 13.07.2024. The petitioner participated in the online process of documents verification/scrutiny and at that point of time, 4 candidates were found eligible including the petitioner, however, at a later stage, 7 candidates were declared eligible for interview.

4. In the advertisement, the respondent has prescribed essential qualifications. The relevant extracts of advertisement are reproduced as below:-

“5. NAME OF POST AND CATEGORY WISE BIFURCATION OF THE POSTS:

Haryana Public Service Commission invites online application forms for recruitment of 03 posts of Senior Scientific Officer (DNA) in FSL Madhuban, Karnal, Haryana. Category-wise bifurcation of the posts is as under:-

Categories No. of Posts General/Unreserved 02 SC 01 Note 1.The number of posts given against each category is liable to variation.

6. ESSENTIAL QUALIFICATIONS:

(i) M.Sc. (1st Division) in Zoology/ Physical Anthropology, Genetics Bio-Chemistry/Bio Technology/ Micro-Biology/Molecular Biology/ Forensic Science or its equivalent qualification in any of the above subjects, with Zoology/Botany as one of the subjects at B.Sc. Level.

(ii) Three years analytical/research experience in DNA Finger Printing;

(iii) Hindi/Sanskrit upto Matric standard or Higher Education.

Desirable:- Experience of working in Forensic Science Laboratory.”

5. The petitioner is assailing qualification/experience required in the advertisement on the ground that prescription in the advertisement is contrary to Rules governing the post. The post in question is governed by Haryana Forensic Science (Group-B) Service Rules, 1980 (in short '1980 Rules'). The said Rules have been amended by Amendment Rules, 2012. There is Appendix 'B' of 1980 Rules. In the said Appendix, essential qualification for the post of SSO has been prescribed. In the said Appendix, essential qualification for the post of SSO (NDPS) and SSO (Scene of Crime) has been prescribed. The relevant extracts of Appendix 'B' of 1980 Rules are reproduced as below:-

6. Mr. Sumit Sangwan and Mr. Mohit, learned counsel