State of Haryana vs Narendra Singh Yadav

Surya Kant, J. (Oral) - Regardless of the delay of 974 days in filing the accompanying Review Application, we have heard learned counsel for the parties on merits at a considerable length as counsel for the non-applicant-respondent is also present.

The Review Application seeks to recall the order dated 06.05.2013 whereby the letters patent appeal preferred by the State of Haryana against the order dated 23.01.2012 of the learned Single Judge was disposed of in agreed terms holding that since the correctness of Division Bench judgment in Devinder Singh Malik''s case, which was relied upon by the learned Single Judge for accepting the claim of the respondent, was sub-judice before the Hon''ble Supreme Court as Special Leave Petition was pending, both the parties shall abide by the final outcome of that decision, namely, even if no separate SLP is preferred, the final decision in Devinder Singh Malik''s case shall be binding on the parties in this case.

In Devinder Singh Malik''s case, SLP has been dismissed by the Supreme Court though leaving the question of law open.

In the instant Review Application, the plea taken is that the case of the respondent is distinguishable and is different than that of Devinder Singh Malik. It is in this context that we have heard learned counsel for the parties on merits.

The issue that arose for consideration before the learned Single Judge was whether the respondent was entitled to seek appointment as Assistant Engineer (Civil) on the basis of the recommendations made by the Haryana Staff Selection Commission. He was denied appointment on the plea that he did not possess the requisite qualification which was to the following effect:-

"E.Q.(i) Degree of a recognised University or one of the other qualification in Civil Engineering as specified in Appendix-B of Punjab Service of Engineers Class-II PWD (BandR) Branch Rules, 1965. (ii) Hindi/Sanskrit upto Matric....."

It may be seen that the requisite qualification for the advertised post is Degree of a recognised University or one of the other qualifications in Civil Engineering as specified in Appendix-B of the Punjab Services of Engineers Class-II PWD (BandR) Branch Rules, 1965 (hereinafter referred to as ''the 1965 Rules''). Appendix-B contains a list of the Universities whose degrees in Civil, Mechanical and Electrical Engineering are recognised under the 1965 Rules. In addition, Appendix-B further provides as follows:-

".... The examination for such other Diploma or distinction in Engineering as the Government of Haryana in the concerned Department on the advice of the Haryana Commission may specify in this behalf...."

There is a note appended to Appendix-B which further clarifies that "the candidates to be appointed for Civil posts shall be recruited with qualifications in Civil Engineering and those recruited in the Electrical Engineering Unit shall possess qualifications in Electrical Engineering....."

The respondent indisputably does not possesses Degree in Civil Engineering but he has done three years Diploma in Civil Engineering from the Haryana State Board of Technical Education which he passed out from the Government Polytechnic, Nilokheri in May/June, 1985. He, thereafter, joined the Indian Army where he served as such for 18 years and 7 months as Junior Engineer (Civil). He retired from the rank of Subedar Major.

The respondent also appears to have passed B. Tech, Civil Examination from the Institute of Advanced Studies in Education University but the said qualification, for the time being, may be over-looked.

The Ministry of Education and Social Welfare, Government of India issued a Circular dated 26.05.1977 (P-4) thereby deciding "to recognise a Diploma in Engineering in appropriate discipline plus total ten years of technical experience in the appropriate fields as equivalent to Degree in Engineering..." Such equivalence however, has been accorded only in respect of 10 years technical experience earned by the Diploma-holders in Defence Services.

The Government of Haryana has also issued the Policy-Circular dated 18.03.1975 (P-5) to the effect that "the degrees and diplomas etc., which are recognised by the Government of India, will deem to be recognised by Haryana Government..."

If the events are understood in one sequence, it emerges out that the respondent, on the basis of three years'' Diploma in Civil Engineering with more than 18 years'' technical experience in Indian Army where he served as Junior Engineer (Civil), is deemed to be possessing the qualification of Degree in Engineering as per the Government of India Policy (P-4). Such a degree is deemed to be recognised by the Haryana Government in view of the Policy (P-5). The said degree obviously falls within the ambit of relevant clause contained in Appendix-B as reproduced in para No.6 of this order. The State Public Service Commission treated the respondent eligible and recommended his name for appointment as per his overall merit. The resultant effect is that the learned Single Judge has rightly held the respondent to be in possession of the requisite qualification prescribed for the subject-post under the 1965 Rules. We thus hold that even if the decision of this Court in Devinder Singh Malik''s case is not attracted, yet the respondent qualifies for appointment as an Assistant Engineer (Civil) under the 1965 Rules.

For the reasons afore-stated, we do not find any merit in this Review Application.

Dismissed.

Since we have dismissed the Review Application on merits, no separate order is required to be passed on the application for condonation of delay of 974 days in filing the Review Application.