G.R. Majithia, J. - (1.) The petitioner in this petition has called in question the selection/appointment of respondent No. 3 as a Senior Lecturer in Mechanical Engineering in the Technical Education Department Haryana. The facts:- Haryana Public Service Commission (for short the Commission) advertised three posts of Senior Lecturers in Mechanical Engineering in the Technical Education Department Haryana in February, 1988. In the advertisement, the essential qualifications which were required to be fulfilled by the candidates were asunder:- i) First Class Bachelor's degree in Civil/Electrical/Mechanical/Electronics Engineering. Technology from a recognised University/Institute. ii) Five years teaching experience as Lecturer in Civil/Electrical/Mechanical/Electronics Engineering in a University or College affiliated to a recognised University or live years professional experience on a gazetted Civil/Electrical/Mechanical/Electronics Engineering post; and iii) Knowledge of Hindi upto Matricstandard.
(2.) In response to the said advertisement, the petitioner also applied for the post but was not selected. Respondent No. 3 was selected but according to the petitioner, his selection and appointment is invalid for the reason that he did not have the requisite qualifications advertised for the post. Respondent No. 3 was serving in Chhotu Ram Polytechnic Rohtak. The Institution is not affiliated to a recognised University and the post of Lecturer in Mechanical Engineering in the said Institution has not been declared gazetted post by the Haryana Government.
(3.) The respondent No. 1 in its return stated that Chhotu Ram Polytechnic Rohtak where respondent No. 3 is working as Lecturer in Mechanical Engineering is aided by the Haryana Government to the extent of 95% of the net recurring deficit and the said institution is affiliated to the State Board of Technical Education Haryana. The State did not aver in its written statement that the selected candidate was holding a gazetted post under the State of Haryana.;