- (1.) Petitioner assails the order dated 27.09.2013 (Annexure P-4) in terms of which he has been declined appointment on the post of Agriculture Development Officer (Administration Cadre) under the Department of Agriculture, State of Haryana. Pleaded case of the petitioner is that he completed the degree of Bachelor of Science (Honours in Agriculture) from Chaudhary Charan Singh Haryana Agricultural University, Hisar in the year, 2000. The Haryana State Staff Selection Commission issued advertisement inviting applications from eligible candidates for recruitment the post of Agriculture Development Officer (Administration Cadre). Petitioner being eligible applied for the post in question and subjected himself to a process of selection. He is stated to have been interviewed on 16.02.2011. The result of the selection process was declared by the Haryana State Staff Selection Commission and name of the petitioner figured in the select list. Counsel would submit that in spite of being eligible and having been recommended by the recruitment agency for appointment to the post, claim of the petitioner has been rejected vide impugned order dated 27.09.2013 (Annexure P-4).
(2.) Counsel for the petitioner would submit that the petitioner has been denied appointment only on the ground that he has been convicted in FIR No.284 dated 26.08.1992, under Sections 420, 467, 468, 471 IPC, registered at Police Station Civil Lines, Hisar and was sentenced to undergo imprisonment for two years and to pay a fine of Rs.500/-. Precise submission raised is that the petitioner had been granted benefit of probation under the provisions of Probation of Offenders Act, 1958 and as such Section 12 of the Act would come to his rescue as the same reads in the following terms: 12. Removal of disqualification attaching to conviction- "Notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law: Provided that nothing in this section shall apply to a person who, after his release under section 4, is subsequently sentenced for the original offence."
(3.) The contention raised is that if any convict has been released on probation by a Court of law then such conviction cannot be taken as a bar/disqualification against him while seeking appointment in Government Service. Having heard counsel for the parties at length and having perused the pleadings on record, this Court is of the considered view that the instant petition lacks merit and deserves dismissal.;