- (1.) The petitioner has challenged the order dated 8.3.2006 (Annexure P-6) by which respondent No. 3 has been appointed to the post of Director of Horticulture, Haryana, on the ground that respondent No. 3 does not fulfil the requisite qualification prescribed as per the rules i.e. 5 years experience on the post of Joint Director or any other equivalent post. The petitioner has also challenged the order dated 3.11.2006 by which House No. A-1 in Krishi Complex, Sector-21, Panchkula, which was allotted to the petitioner has been allotted to respondent No. 3 by relaxing certain conditions.
(2.) Respondent No. 3 who was working as a Deputy Director in the Directorate General of Works, Central Public Works Department (CPWD), Nirman Bhawan, New Delhi, was appointed to the post of Director of Horticulture by way of deputation for a period of three years by the State of Haryana. He had worked as Deputy Director from 29.6.2000 to 10.5.2006 in the pay scale of Rs. 10000-15200.
(3.) The first contention raised by the counsel for the petitioner is that respondent No. 3 does not possess the essential qualifications for the post of Director of Horticulture, Haryana, as provided under Rules 7 and 9 of the Haryana Horticulture (Group A) Service Rules, 1998 (for short 'the 1998 Rules') which provides that for appointment to the post of Director, one should have five years experience on the post of Joint Director. It is contended that as respondent No. 3 was never appointed as a Joint Director in the Central Government rather he remained on a lower post of Deputy Director in the Directorate General of Works CPWD and hence he could not have been appointed to the post of Director of Horticulture. The qualifications for the post of Director of Horticulture are given in Rule 7 and the Appendix 'B' to the Rules of recruitment prescribed in Rule 9 which reads as under:- "The Haryana Horticulture (Group A) Service Rules, 1998 Rule 7: Qualfications: No person shall be appointed to any post in the Service, unless he is in possession of qualifications and experience specified in column 3 of Appendix B to these rules in the case of direct recruitment and those specified in column 4 of the aforesaid Appendix in the case of appointment other than by direct recruitment. Appendix-B (See Rule 7) Sr. No. Designation of posts Academic qualifications And experience, if any for direct recruitment Academic qualifications and experience, if any, for appointment other than by direct recruitment 1 2 3 4 1. Director of Horticulture (i) Five years experience as Joint Director; or any other Equivalent post. (ii) Knowledge of Hindi upto Matric standard. 2. Joint Director of Horticulture (i) 5 years experience as Dy Director or any other equivalent post (ii) Knowledge of Hindi upto Matric standard. 3. Dy. Director of Horticulture a) 2nd class M.Sc. in Horticulture from a recognized University or institution i) 5 years experience as District Horticulture Officer or Supdt. Horticulture, Pinjore and Kishanpura (Jind) or Vegetable Specialist or Fruit Specialist or Floriculturist or State Sericulture Officer b) 5 years Practical experience in Horticulture Research or extension or both after acquiring the minimum basic qualification, and ii) Knowledge of Hindi upto Matric Standard c) Hindi upto Matric Standard Rule 9: Method of Recruitment (1) Recruitment to the service shall be made - (a) In the case of Directori. i by promotion from amongst the Joint Director, or any equivalent post; or ii. by transfer or deputation or any officer already in the service of any State Government or the Government of India; or any faculty member of any recognized Agricultural University." It is contended that for the appointment of Director of Horticulture the essential qualifications are that one should have 5 years experience as Joint Director or any other equivalent post and as respondent No. 3 does not have even a single day's experience on the post of Joint Director because he was never promoted to that post, therefore, his appointment to the post of Director of Horticulture be quashed.;