Dinesh Kumar and others vs State of Haryana and others

A.K. Sikri, C.J.—In order to regulate recruitment to the post of Signallers in the Department of Irrigation, Haryana, the State Government framed the Haryana Irrigation Department, Signallers (Group-C) Service Rules, 1985 (for short, ''1985 Rules''). Under these rules, the qualification for the post of Signaller is prescribed as matric and passing of telegraphy examination from Post and Telegraph Department. In the year 1990, the telegraphy system of communication was replaced by telephonic and wireless communication system in the department. However, insofar as aforesaid rules are concerned, no change was made therein and the requirement of passing the telegraphy examination continues to exist. The respondent No. 3 - Haryana Staff Selection Commission (hereinafter referred to as the Selection Commission) has issued advertisement dated 18.3.2011 advertising 10 posts of Signaller on the basis of same qualification and the relevant portion of the advertisement reads as under:-

The petitioners have filed the present petition challenging the prescription of the qualification of telegraphy examination from Post & Telegraph Department for the said posts of Signaller, as, according to petitioners, the nature and duties of the Signallers in the respondent-department have drastically changed with the advancement of communication technology and, therefore, acquiring aforesaid qualification does not remain valid any longer. It is the submission of the petitioners that the basic duty of the Signallers is to transmit information relating to flow of water and other incidental matters concerning irrigation from one place to another. Earlier, there used to be telegraphic machines/instruments for the purpose of transmitting abovementioned information from one place to another. However, now the above telegraphic machines have been replaced by wireless communication or through telephonic transmission of messages. For the last about 15-16 years, most of the communication systems have been changed to wireless or telephonic transmission. Therefore, the petitioners contend that once the nature of the job of the posts of the Signallers has completely changed and the telegraphic system has become a thing of past, there is no justification to continue with the qualification of passing of telegraphy test for being eligible to compete for the posts of Signallers. The qualification prescribed for a post always has some nexus with the nature of duties assigned to that particular post. In view of the facts and circumstances mentioned above, the qualification of passing Telegraphy Test, prescribed for the post of Signallers, has no relevance with the nature of duties required to be performed by the Signallers. It is also pointed out that the telegraphy examination is conducted by the Department of Post & Telegraph. Only in-service candidates can appear in the Telegraphy Test conducted by the Department of Post & Telegraph. Until a person is sponsored by the department, he cannot appear in telegraphy examination. There is no institute in Haryana and in-service candidates of the department have been appearing at Telegraph Training Centre, Rajpura (Punjab) for Telegraphy examination. If the qualification prescribed is such which can only be fulfilled by in-service candidates, the very purpose of direct recruitment stands defeated. On that basis, it is argued that the requirement of passing the Telegraphy Test be done away with and since it has no nexus with the purpose of the duties of the Signallers, the same needs to be quashed.

The petitioners pleaded that otherwise they possess sufficient qualification to make them competent enough to do the job of sending messes from one place to another. Their qualifications are as under:-

Written statement is filed on behalf of the respondents No. 1 and 2, inter alia, questioning the locus standi of the petitioners herein to challenge the aforesaid rules, contending that petitioners are neither working in the Irrigation Department nor they are governed by the said rules in any way. These rules are applicable to the Haryana Irrigation Department. The attempt of the petitioners is to get the rules changed/relaxed so that they become eligible for applying to the advertised posts. The qualification prescribed for the post is sought to be justified on the basis that these are laid down by the department keeping in view the nature of work.

When this matter came up for hearing on 12.12.2011, this Court had directed the counsel for the State of Haryana to seek the instructions as to whether it was contemplating any change in the rules, having regard to the fact that the Irrigation Department, Haryana had taken a positive stand that their internal telegraphic office has become obsolete, redundant and telegraph lines have disappeared. We would like to reproduce the said short order in its entirety:

The dispute, in essence, relates to the workability of Rule 7 read with Appendix B of the Haryana Irrigation Department Signallers (Group-C) Service Rules 1985 as the rules prescribe passing of telegraphy examination from the Post & Telegraph Department. It, however, appears that by various communications, appended with the Writ Petition, as Annexures P3, P4 and P5, Irrigation Department, Haryana has taken a positive stand that their internal telegraphic offices have become obsolete, redundant and telegraph lines have disappeared. Despite these facts, the respondents continue to recruit Signallers/Apprentice Signallers by prescribing a telegraphy test in Appendix B.

Counsel for State of Haryana is directed to seek instructions in this regard.

Adjourned to 22.12.2011.

A copy of this order be supplied to the counsel for Sate of Haryana, under the signatures of Court Secretary of this Bench, for compliance.

Thereafter, on 29.8.2012, following order was passed:

It is apparent from the documents on record that the qualification prescribed for the post of Signallers is totally obsolete and outdated and so is their functioning. It is therefore, imperative upon the Competent Authority to address the issue and prescribe an appropriate qualifications which are generally imparted by Government recognized institutions so as to meet the modern challenges.

List on 26.11.2012.

Let a copy of this order be given dasti to learned State counsel for information and necessary compliance.

Notwithstanding the same, the counsel for the respondents had instructions to argue the matter. We heard the arguments accordingly. However, during the arguments, no justification could be given as to why the change in the rules was not made even when, as per the respondents themselves, same had become obsolete. This stand is established by the various departments of the respondents themselves. In letter dated 8.8.1996 from SE/YWS Circle, Jind, to G.M.(P), Chandigarh, it was acknowledged as under:

The Canal signaling System was introduced in the interest of regulation of canal wager as well as issuing timely warring regarding floods. This system exists no more i.e. most of the polls and wires have been removed by the public and 95% of the Signalling Stations are not working on the old system. The Irrigation Department has introduced the wireless system during the year 1990 and the entire work of signelling i.e. canal Regulation as well as flood warnings is being done by this wireless system. The work of operating signelling sets is of technical nature, but the present wireless system/no more remains remarks technical one. There is no harm of class-IV educated employees are put on the job. Quality signallers should be appointed only where canal telegraph system is working properly. A survey should be carried out by the department to see how many canal telegraphs office system are actually operating at present and only then Signallers (if required) should be recruited. On the basis of old strength signalles should not be recruited. On the basis of old strength signalers should not be recruited because 95% of the old telegraph offices are abandoned and not functioning at site. (sic)

To the same effect is the communication dated 10.4.1997 from the same officer to the Chief Engineer/Construction-II, Irrigation Department, stating as under:-

In this connection it is intimated that there are total 50 wireless sets in Haryana Irrigation Department and the total requirement of the Department is 50x2+25% i.e. 125. All the old internal telegraphic offices have become obsolete and redundant. They are no more in operation and no signaler is required at any of these offices. Even telegraphic lines and offices have totally disappeared from these places.

Similarly no vacancies of Beldars and Class IV employee be filled up as they have practically stopped doing any work in the field/offices.

Then, there is a communication dated 1.3.2006 from Engineer-in-Chief himself to all the Superintending Engineers in the Haryana Irrigation Department which clinches the issue. In this communication it is conceded that transmission technology in the canal administration has changed and the department is using wireless system since 1990. It is also acknowledged that telegraphic communication is now obsolete. It would also be of interest to note that XEN/Regulation has given recommendations in this behalf on 20.11.2012 for removing the eligibility condition of passing telegraphy test from Post & Telegraph Department.

What is more, it is only in-service employees who are permitted to appear in the telegraphy test conducted by the Department of Telecommunication. Therefore, such a qualification cannot be acquired by an outsider, which would mean that only in-service employees can be appointed to the said post if the qualification of passing the telegraphy test is allowed to remain.

For all the aforesaid reasons, we do not find any justification in continuing with the obsolete qualification contained in the rules. The requirement is arbitrary when it has no nexus with the objective sought to be achieved and is thus, violative of Article 14 of the Constitution. It is also discriminatory in nature qua those like the petitioners vis-a-vis the insiders as they are not even allowed to acquire such a qualification. It is otherwise also of no use. The petitioners have very categorically stated that they approached the Telegraphy Training Institute, Rajpura, but they were told that they cannot appear in telegraphy test as the test is only meant for government employees, who are sponsored by the government departments.

We, thus, allow the writ petition and quash that portion of Rule-7 read with Appendix-B of the 1985 Rules which prescribes for passing of telegraphy examination from the Post & Telegraph Department. Writ petition is allowed in the aforesaid terms with no orders as to costs.