- (1.) Selection/appointment of respondent No. 3 vide appointment letter dated 4.12.2008 (Annexure P-15) to the post of Assistant Manager (Estate), Haryana State Industrial & Infrastructure Development Corporation Ltd. has been brought under challenge in the present writ petition on the ground of his ineligibility at the time of selection/appointment.
(2.) Admitted factual background is that the petitioner and respondent No. 3 both belong to S.C category. Respondent No. 2 issued an Advertisement No. 14 of 2007 on 8.11.2007 in various newspapers inviting applications for various posts including 11 posts of Assistant Manager (Estate) for the respondent No. 1-Corporation against category No. 37. Qualifications/eligibility criteria for the post in question as per the advertisement is as under :- "Cat. No. 37-11 posts of Assistant Manager (Estate). (Gen-6, SC-2, BCA-1, BCB-1, ESM GEN-1) E.Q. (i) Graduate in Arts, Science or Commerce with minimum 2nd Division and LL.B having at least 2 years relevant post qualification experience. (ii) Hindi/Sanskrit up to Matric standard." Petitioner and respondent No. 3 both applied in response to the said advertisement for the post of Assistant Manager (Estate). Both of them were called for interview held on 24.4.2008. Result of the selection was declared on 20.8.2008 (Annexure P-6). Respondent No. 3 was shown to be selected against one of the two reserved posts for S.C category against Roll No. 00095, whereas petitioner was placed at Sr. No. 1 in the waiting list. Selection of the respondent No. 3 has been challenged on the sole ground of not possessing the requisite experience of two years at the time of making application. It is pertinent to mention that as per the advertised qualifications a candidate was required to have at least 2 years post qualification experience. The qualification prescribed is graduation in Arts, Science or Commerce with minimum Second Division and LL.B. Thus, LL.B being an essential qualification, the candidate was required to possess two years experience after acquiring LL.B Degree.
(3.) In order to establish that the respondent No. 3 lacked requisite experience, it is alleged that respondent No. 3 was pursuing LL.M. Course in Kurukshetra University, Kurukshetra after completing his LL.B Degree as a regular student during the period 2005-07. He was also a hostel inmate and was staying in Room No. C-15, 'C' Block of Tagore Bhawan during the period 2005-06. Petitioner made an application under R.T.I Act to the Kurukshetra University seeking information about the admission of the respondent No. 3 to LL.M. Course as a regular student. Petitioner has also placed on record copy of the Information Brochure issued by the Kurukshetra University for admission to LL.M. Course during the Session 2005-07. The brochure contained one of the conditions for suspension of the license during the period a student is required to pursue the LL.M. Course. In response to the petitioner's queries under R.T.I. Act, the university vide its letter dated 28.8.2008 informed the petitioner that respondent No. 3 Mr. Jarnail Singh took admission in LL.M-I in the Session 2005-06 as a regular student. It is also informed that he was a hostler during the currency of LL.M. Course. In response to one of the query whether respondent No. 3 had surrendered his license during the period he was pursuing the LL.M. Course, the information supplied is that the department has no such information nor any affidavit in this regard was submitted by him.;