Full Judgment Text
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CASE NO.:
Appeal (civil) 4447 of 2006
PETITIONER:
STATE OF HARYANA & ANR.
RESPONDENT:
ABDUL GAFFAR KHAN & ANR.
DATE OF JUDGMENT: 11/10/2006
BENCH:
Dr.AR.LAKSHMANAN & ALTAMAS KABIR
JUDGMENT:
J U D G M E N T
(Arising out of SLP(C) No.13987/2005)
WITH
CIVIL APPEAL NO.4456 OF 2006
(Arising out of SLP(C) No.14004/2005)
Dr.AR.LAKSHMANAN, J.
Leave granted.
Civil Appeal No.4447/2006 arising out of SLP(C) No.13987/2005
was filed by the State of Haryana against the judgment and final order
dt.11.04.2005 passed by the High Court of Punjab & Haryana in CWP
No.15043/2004. Likewise, the State of Haryana has also filed Civil
Appeal No.4456/2006 arising out of SLP(C) No.14004/2005 against the
judgment and order dt.11.04.2005 passed by the said High Court in CWP
No.20279/2004.
We have heard learned senior counsel for the State of Haryana
and the learned counsel appearing for the respective respondents in
both the Civil Appeals. We have also perused the order impugned in
these appeals and the advertisement issued by the Haryana Staff
Selection Commission. The advertisement reads as under :-
"Haryana Staff Selection Commission
S.C.O.No. 114-115, Sector - 8/C, Chandigarh
Advertisement No.7/2003
Last Date of Submission of the Applications
7.11.2003
Category No.14-20 Posts of Unani Dispenser
(General-9,SC-A 2,SC-B 1,BC-A 2,BC-B 2,ESM
(General) 2, ESM SC-B 1, ESM BC-B 1.
Educational Qualification
i Unani Dispenser from any recognized
University/Institution or Board or Faculty of
Indian System of Medicine establish by law in
India or Up-Vaidya of any recognized
University/Institution or Board or Faculty of
Indian System of Medicine established by law
in India having the knowledge of Urdu;
ii Matric or its equivalent.
iii Knowledge of Hindi and English upto Matric
standard.
The Respondent No.1 who is possessing the
qualification of Bachelor of Unani Medicine and Surgery from
Kanpur University apart from Matric with Hindi and 10+2 with
Science, applied in response to the abovementioned
advertisement against one of the posts reserved for backward
class category."
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Haryana Staff Selection Commission declared the result on
27.07.2004 recommending names of selected candidates including two
candidates in the reserved category of Backward Class-B. The
respondents in both these appeals were amongst the selected
candidates. The respondents in both these appeals were denied
appointment for the reason that they were not possessing Diploma in
Unani Dispenser or Up-Vaidya from a recognized University/Institution of
Board which was the prescribed qualification for the post of Unani
Dispenser under the Haryana Ayurvedic/Homeopathic and Unani
Technical Group (C) Service Rules, 1997. According to the learned
senior counsel for the appellants, the qualifications prescribed for the
post of Unani Dispenser in these service Rules i.e.Haryana
Ayurvedic/Homeopathic and Unani Technical Group (C) Service Rules,
1997 read as under :-
"(i) Unani Dispenser from any recognized
University/Institution or Board or Faculty of Indian System of
Medicine established by law in India or Up-Vaidya of any
recognized University/Institution or Board of Faculty of Indian
System of Medicine establish by law in India having the
knowledge of Urdu;
ii Matric or its equivalent.
iii Knowledge of Hindi and English upto Matric standard."
Aggrieved against the order passed by the State, the respective
respondents filed Writ Petitions in the High Court to quash the action of
the State to deny the appointment to them as Unani Dispenser. The High
Court by its order dt.11.04.2005 allowed the Writ Petitions filed by the
respective respondents and directed the State to offer appointment to
both the contesting respondents in these Civil Appeals on the posts of
Unani Dispenser within a period of one month from the date of receipt of
certified copy of the order. Aggrieved by the said order, the State of
Haryana has preferred the above appeals in this Court.
We have perused the order passed by the High Court. As rightly
pointed by the High Court and as per Haryana Ayurvedic/Homeopathic
and Unani Technical Group (C) Service Rules, 1997, they do not
expressly exclude the degree in Unani Medicine and Surgery for the
post of Unani Dispenser. Admittedly, the respective contesting
respondents in these appeals possess required qualifications from a
recognized University/Institution or Board and are thus, in our opinion,
eligible for appointment to the posts of Unani Dispenser. A close
scrutiny of the advertisement issued does not anywhere stipulate the
diploma as the required qualification. We, therefore, affirm the order
passed by the High Court and direct the appellant-State of Haryana to
appoint the respective respondents to the posts of Unani Dispenser
within a period of one month from the date of receipt of the order from
this Court or on production of the same by the respective respondents
herein whichever is earlier. The appeals are accordingly dismissed.
There shall be no order as to costs.