Parveen Kumar vs State Of Punjab & Anr.

SANDEEP MOUDGIL, J (ORAL)

The jurisdiction of this Court has been invoked under Article 226/227 of the Constitution of India for issuance of writ in the nature of Mandamus directing the respondents to consider the petitioner to the post of Agriculture Extension Officer since he is senior most Agriculture Sub Inspector and fully eligible to be promoted. Further, issue writ of Certiorari quashing order dated 03.07.2020 (Annexure P-4) whereby the claim of the petitioner seeking consideration for promotion has been rejected arbitrarily.

Factual matrix of the case unfolds that the petitioner was initially appointed as Beldar and was promoted to the post of Agriculture Sub Inspector on 27.06.2012. According to the Punjab Agriculture (Group A) Service Rules, 2013, the promotion to the next higher post of Agriculture Extension officer is to be made 100% by way of promotion.Recently, the department had asked for the records of the employees who were appointed as Agriculture Sub Inspectors in the Agriculture department in the year 2013 and the petitioner was promoted in the year 2012 and as such despite being senior to all the Agriculture Sub Inspectors who had joined the department in the year 2013, his record for promotion to the post of Agriculture Extension Officer was not demanded. The petitoner being physically handicapped belonging to Scheduled Caste Category is being ignored for the right which has accrued on his attaing senority and rather he had submitted his representation to the department for the concerned promotion which was addressed by Respondent no.2 rejecting the claim on the ground that the Agriculture Sub Inspector Training Course was not done from Punjab Agriculture University, Ludhiana but the same was done through Desh Bhagat University, wherein the concerned authority to decide the same was respondent no.1. Hence this petition.

Counsel for the petitioner contends that the petitioner was initially appointed as a Beldar in the year 2000 and was promoted to the post of Agriculture Sub Inspector on 27.06.2012. In 2013, when the department had asked for the records of the employees who were appointed as Agriculture Sub Inspectors in the Agriculture department in the year 2013, the petitioner who was promoted in the year 2012 and being senior to all Agriculture Sub Inspectors was not taken into consideration by the concerned department. It is further contended that on coming to know that the petitioner has not been asked for the records for the promotion to the post of Agriculture Extension Officer, he submitted representation No. Respondent No.1 seeking right to consideration for promotion to the post of Agriculture Extension Officer being senior most in the category of Sub Inspectors being considered for promotion.(Annexure P-3).

It is argued that the representation was addressed to Respondent no.1 for considering the case of the promotion but instead of Respondent no.1 taking a decision on the same, Respondent no.2 took a decision on 03.07.2020 rejecting the claim of the petitioner on the ground that the Agriculture Sub Inspector Training Course was not done form Punjab Agriculture University, Ludhiana but the same was done through Desh Bhagat University.(Annexure P-4).

It is urged by the counsel for the petitioner that Desh Bhagat University, Mandi Gobindgarh is a recognised University by the University Grants Commission and the same was established by Ordinance No.7 passed on 25.10.2012 and came into existence as a State Private University under Punjab Government Desh Bhagat University Act, 2012 and the rule of promotion nowhere states that the Agriculture Sub Inspector course is to be done from the Punjab Agriculture University Ludhiana only.

Notice of motion was issued on 23.09.2020 and reply of the state stands taken on record.

State counsel, per contra would contend that the respondent-department has rightly passed the office order dated 03.07.2020 in accordance with the Rules of Punjab Agriculture (Group A) Service Rules,2013 wherein it has clearly mentioned that for the promotion to the post of Agricultural Extension Officer, two years diploma in Agriculture from Punjab Agricultural University is mandatory as since the petitioner does not fulfil the requisite qualification under the prescribed rules therefore the instant petition is liable to be dismissed. It is further contended that the petitioner has produced one year diploma form one Desh Bhagat University, Mandi Gobindgarh whereas, as per Punjab Agriculture Department Group ‘C’ Service Rules 2010 (Annexure R-1), two years diploma in Agriculture is required to be passed from the Punjab Agriculture University, Ludhiana.

Heard counsels for both the parties at length and perused the record meticulously.

Before delving into the merits of the case, it would be apposite to refer to the relevant rule of the Punjab Agriculture Department, (Group A) Service Rules, 2010, precisely Rule 6 of Appendix B which states the eligibility criteria for the post of Agriculture Extension Officer which are reproduced herein below:-

In the instant petition, competent authority has introduced an invisible condition in the statutory service rules by insisting that the agricultural diploma must necessarily be obtained from Punjab Agricultural University Ludhiana. Where the rule prescribes qualification/training from a recognized institution, the authority cannot substitute "Punjab Agricultural University" for "any recognized institution” by an administrative interpretation, unless there is a specific statutory rule, notification or binding equivalence order requiring such qualification to be obtained from Punjab Agricultural university.

When recruitment or service rules prescribe a qualification from "any recognized institution," the authority is legally bound to accept candidates from all such valid institutions. The executive branch cannot unilaterally narrow down this criteria to a single entity like Punjab Agricultural University (PAU) using mere administrative interpretations or circulars.

The state or recruiting agency cannot change the "rules of the game" mid-way or read words into a statutory provision that do not exist (Casus Omissus). It is a settled proposition of law that where the rules and advertisement required a qualification from a “recognised institution or university”, the eligibility requirement could not be effectively be changed by an administrative act that granted recognition outside the prescribed statutory framework.

Since the State counsel is not in a position to controvert the submission that Desh Bhagat University is a recognized university added with the fact that Rule 6 of Appendix B clearly inform about educational qualification as well as recognized university where the same is not confined to Punjab Agriculture University, meaning thereby, by no stretch of imagination the court can infer that the requisite educational qualification was confined to only Punjab Agricultural University, Ludhiana.

In aforesaid terms, the instant petition stands allowed thereby quashing the impugned order dated 03.07.2020 and directing the respondent-department to consider the claim of the petitioner to the post of Agriculture Extension Officer.

The instant petition stands allowed.

Pending application(s), if any, stands disposed off.a