- (1.) By a common order, we intend to dispose of the present writ petition as well as similar other writ petitions bearing Nos. 7963, 8023, 8234, 8445, 8708, 8766, 8822, 8831, 9201, 9436, 9717, 9846, 9887, 10143, 11106, 12647, 12670, 12729, 13320, 13333, 13339, 13352, 13867, 13228 of 2007 as all of them involve similar questions of law and facts. However, for facility of reference, the facts are taken from the present petition.
(2.) The petitioners have prayed for issuance of a writ in the nature of certiorari for quashing advertisement dated 06.05.2007 issued by Haryana Staff Selection Commission (for short 'the Commission') for filling up 243 posts of Canal Patwaris of Irrigation Department, Haryana as according to them, the same was issued contrary to Punjab Public Works Department (Irrigation Branch), Patwaris State Service, Class III, Rules 1955 (here-in-after referred to as 'the 1955 Rules'), besides not prescribing passing of Patwar Examination as a condition precedent for applying for the said posts.
(3.) According to the petitioners, they had passed their Patwar examination in the years 1992 and 1993, besides completing apprenticeship as required under the 1955 Rules. Their names had also been entered in the register maintained at the Divisional Level as per Rule 10(a) for their appointments on the posts of Canal Patwaris as well as in the register maintained at the Circle Level as envisaged under Rule 12(a). In the year 1994, the respondents decided to fill up 427 posts of Canal Patwaris in accordance with the 1955 Rules. In response thereto, the petitioners, who had already passed the Canal Patwar examination, applied for those posts through the Employment Exchange. Divisional Level Committees were constituted and the petitioners were selected and appointed as Canal Patwaris. However, some of the candidates, who could not be selected moved the Court for quashing the selection of the petitioners. The matter came to be finally decided by the Hon'ble Supreme Court on February 11, 1997 when the appeals filed by Raj Kumar and others came to be allowed. Although it was held that the posts of Canal Patwaris were required to be filled up through the Subordinate Services Selection Board (for short 'S.S.S Board') in view of the Notification of the year 1970, yet 1955 Rules were held to operate as regards the qualification and other conditions of eligibility prescribed thereunder. As under 1955 Rules, only those candidates were to be appointed as Canal Patwaris, who possessed educational qualification of matriculation, besides having passed the Patwar examination, therefore, the Commission vide impugned Notification was not justified in inviting applications from one and all for filling up the posts of Canal Patwaris, wherein it was also prescribed that the selected candidates would be required to undergo the training for six months and on completion thereof they will be required to pass the departmental Patwar examination before being appointed as Canal Patwaris. The requirement laid down by the Commission of undergoing training for those candidates and passing of departmental Patwar examination for being appointed as Canal Patwaris was contrary to the qualifications prescribed under the 1955 Rules. Therefore, the impugned advertisement, which has been attached as Annexure P.45 with the present petition, be quashed.;