Punjab-Haryana High Court
Suresh Kumar vs State Of Punjab And Ors on 22 December, 2022
CWP-8293-2018 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-8293-2018
Reserved on: 02.12.2022
Date of decision: 22.12.2022
SURESH KUMAR
...Petitioner
VERSUS
STATE OF PUNJAB AND OTHERS
...Respondents
CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Amit Jhanji, Senior Advocate with
Mr. Arjun Surjewala, Advocate and
Mr. Abhishek K. Premi, Advocate
for the petitioner.
Ms. Akshita Chauhan, DAG, Punjab.
Mr. Amit Rana, Advocate for
Mr. G. S. Nahel, Advocate
for respondents No.3 to 7.
****
JAISHREE THAKUR, J.
1. The instant writ petition has been filed under Articles 226/227 of
the Constitution of India seeking issuance of a writ in the nature of mandamus,
directing the official respondents to consider the petitioner herein for
appointment to the post of Sub-Fire Officer, being successful in the written
examination and physical test and shown at serial No.1 in the merit list and
further to issue him appointment letter from the date of appointment of
respondents No.3 to 6, who have been appointed against the same
advertisement.
2. In brief, the facts as stated are that respondent No.1 issued
advertisement No.DLG/RC/2015/1 dated 01.07.2015 (Annexure P-1), inviting
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applications for various posts, out of which 23 posts were kept reserved for
Sub-Fire Officer in the Municipal Corporations Cadre and 23 posts of Sub-Fire
Officer in Municipal Councils and Nagar Panchayats Cadre. The petitioner
herein applied under the general category for the post of Sub-Fire Officer in
both Municipal Corporations Cadre and Municipal Councils and Nagar
Panchayats Cadre, for which a common test was held on 14.11.2015. The
petitioner successfully qualified the said written test. Thereafter, the petitioner
passed Punjabi language matriculation exam in January, 2016, which was
essential requirement as per the general instructions in the aforesaid
advertisement. After being successful in the written examination, the petitioner
along with other candidates was called for the physical test vide letter dated
17.11.2016 (Annexure P-7).
3. The petitioner appeared for the physical test and also qualified the
same and was declared successful. Thereafter, the list of 15 candidates, who had
qualified the physical test was prepared and the name of the petitioner was
reflected at serial No.1 in the said list. The selected candidates were then asked
to appear before the Selection Committee for checking/scrutiny of their
educational qualifications certificates and other documents etc. vide notice
dated 03.01.2018 (Annexure P-9). After scrutiny of the documents, the final
result for the post of Sub-Fire Officer in Municipal Corporations Cadre and
Municipal Councils and Nagar Panchayats Cadre was declared and the name of
the petitioner did not find mention in the final result. In the Municipal
Corporations Cadre only one candidate i.e. respondent No.7 was selected under
the SC category and in the Municipal Councils and Nagar Panchayats Cadre
only four candidates i.e. respondents No.3 to 6 were selected in the general
category. The petitioner was shocked to see the final result as his name was not
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mentioned therein and submitted a representation to respondent No.2 dated
16.03.2018 (Annexure P-11), but to no avail. The petitioner was informed that
since he does not had the requisite qualification as mentioned in the
advertisement dated 01.07.2015 i.e. the qualification of Punjabi upto matric, he
has been disqualified. Aggrieved against the action of the respondents, the
instant writ petition has been filed.
4. Learned Senior Advocate appearing on behalf of the petitioner
would contend that the petitioner herein had qualified the examination of
Punjabi in matriculation and at the time of scrutiny of documents held on
18.01.2018, the petitioner had shown his matriculation certificate in Punjabi
language to the Selection Committee, but still his candidature has been
cancelled. It is submitted that under the Punjab Municipal Services
(Recruitment and Conditions of Service) (Third Amendment) Rules, 2015 and
also as per Punjab Municipal Corporation Services (Recruitment and
Conditions of Service) (Second Amendment) Rules, 2016, Punjabi language is
not mandatory for the post of Sub-Fire Officer. It is further submitted that the
petitioner passed the Punjabi language matriculation exam in January, 2016,
which was the essential requirement as per the general instructions of the
advertisement dated 01.07.2015 and the petitioner has duly fulfilled the said
requirement. He would argue that by virtue of provisions of Rule 17 of the
Punjab Civil Services (General and Common Conditions of Service) Rules,
1994, the certificate regarding Punjabi can be obtained till the time of
appointment and the petitioner herein having acquired the same before the date
of interview is to be treated as eligible and the petitioner ought to be given
appointment on the said post. He would rely upon the judgments rendered by
this Court in CWP No.3651 of 2012, titled as Minni Grover versus State of
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Punjab and another, decided on 11.08.2015; CWP No.13327 of 2012, titled as
Akshay Dhawan versus State of Punjab and another, decided on 18.01.2016
and CWP No.18714 of 1998, titled as Dr. (Capt.) Navjot Singh Khurana
versus State of Punjab and another, decided on 09.12.1998, in support of his
arguments.
5. Learned State counsel appearing on behalf of the respondents-State
would submit that the recruitment and conditions of service of Sub-Fire
Officers are governed under Punjab Municipal Corporation Service
(Recruitment and Conditions of Service) Rules, 1978 and Punjab Municipal
Service (Recruitment and Conditions Service) Rules, 1975 as amended from
time to time. Apart from the above, there are specific physical standards
prescribed for all the Fire Brigade Staff in the Standing Order, 2004 approved
by the Government of India, Ministry of Home Affairs, Directorate General
Civil Defence, New Delhi. She would submit that Rule 17 of the Punjab Civil
Services (General and Common Conditions of Service) Rules, 1994, as relied
upon by the petitioner, nowhere stand in favour of the petitioner herein as the
said rule has given relaxation only to the compassionate appointees. As per the
criteria, eligibility was to be seen on the last date of applying for the said post
and on the last date of submitting of the application, petitioner was not eligible
for appointment on the said post. It is further submitted that the Selection
Committee has decided to select the candidates for the post of Sub-Fire Officer
as per educational qualification prescribed in the advertisement as on the last
date for submission of application i.e. 04.08.2015 and the petitioner herein has
passed his Punjabi exam in January, 2016 and, therefore, he was not
recommended for selection to the post of Sub-Fire Officer.
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6. I have heard learned counsel for the parties and with their able
assistance have gone through the pleadings of the case as well as case laws
cited.
7. The facts as stated above are not in dispute. Admittedly, the
essential qualification/experience, as specified in the advertisement issued for
appointment of Sub-Fire Officer in Municipal Corporations Cadre in the pay
scale of Rs.10300-34800+4200 grade pay, required a candidate to be a
Graduate, preferably in Science subjects, from a recognized University or
Institution and should have passed Sub-Officer course from the National Fire
Service College, Nagpur. The physical fitness as per the fixed standard norms
was also detailed i.e. minimum height 5 feet 5 inches; chest 33.5 inches
unexpanded with 1.5 inch expansion; eye sight 6/6 both eyes without glasses;
running a distance of 100 yards, with a weight of 60 kilograms stones, in one
minute; lifting the hook ladder to a vertical position from 3rd and 6th round and
climbing a rope or a vertical pipe to a height of 8-10 feet from the ground. This
essential qualification was also applicable for appointment as Sub-Fire Officer
in Municipal Councils and Nagar Panchayats Cadre. The said advertisement
was issued on 01.07.2015 and the petitioner herein applied under the same. The
online application forms were to be filled in by 04.08.2015 and last date of
deposit of fees was 07.08.2015. The written test was to be conducted within
second and third week of September, 2015 and the display of merit list was to
be within 15 days of the exam.
8. The petitioner herein has been denied appointment despite being at
serial No.1 in the merit list only on the ground that he did not had qualification
of having studied Punjabi upto matric on the date he filled in his online
application form for the post of Sub-Fire Officer.
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9. The appointment to the post of Sub-Fire Officer is regulated by the
rules called the Punjab Municipal Services (Recruitment and Conditions of
Service) (Third Amendment) Rules, 2015, which rules were promulgated by a
notification issued on 26.10.2015. As per the rules itself, the qualification for
direct recruitment to the post of Sub-Fire Officer has been specified in
Appendix A of the said Rule amended at serial No.15-A. A perusal of the said
qualification therein required for a candidate to be eligible for appointment is
same as was specified in the advertisement. However, a reading of the same
does not reflect that a candidate applying for the post of Sub-Fire Officer should
also have passed the Punjabi language examination up till matric. It is only in
the rules that are called the Punjab Civil Services (General and Common
Conditions of Service) Rules, 1994, which are applicable to Group A, Group B
and Group C services in connection with affairs of the State of Punjab that there
is a requirement for knowledge of Punjabi language as specified in Rule 17. A
reading of Rule 17 establishes that "no person shall be appointed to any post in
any service by direct appointment unless he has passed Matriculation
Examination with Punjabi as one of the compulsory or elective subject or any
other equivalent examination in Punjabi language, which may be specified by
the Government from time to time with further provisos that when a person is
appointed on compassionate grounds, the person so appointed shall have to
pass the examination of Punjabi language equivalent to matriculation standard
within a period of six months from the date of his appointment with an
exception that any appointment being offered to a War hero, who has been
discharged from defence services or paramilitary forces on account of
disability suffered by him or his widow or dependent member of his family, if
appointed, will not be required to possess aforesaid knowledge of Punjabi
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language".
10. The Punjab Civil Services (General and Common Conditions of
Service) Rules, 1994, only talk of a candidate having knowledge of Punjabi
language before appointment is offered. The eligibility clause for being
appointed as a Sub-Fire Officer has no requirement of knowledge of Punjabi
language. The condition for having knowledge of Punjabi language upto
matriculation is beyond the qualifications as prescribed under the Punjab
Municipal Services (Recruitment and Conditions of Service) (Third
Amendment) Rules, 2015.
11. It is only on account of the Punjab Civil Services (General and
Common Conditions of Service) Rules, 1994, that stipulation has been put in of
possessing the knowledge of Punjabi language upto matric. It is, therefore, Rule
17 of the Punjab Civil Services (General and Common Conditions of Service)
Rules, 1994, that has to be interpreted, which clearly states that no appointment
can be offered to a person, who has not done Punjabi upto the matric standard.
In the opinion of the Court, the emphasis would be that "no appointment can be
offered", meaning thereby, that on the date when appointment is to be offered,
the candidate must have knowledge/qualification of Punjabi language in matric
examination and there would be no necessity in having the said qualification at
the time of filling in the online application form. This view is being formed
keeping in view the qualifications, as prescribed under serial No.15-A of the
Punjab Municipal Services (Recruitment and Conditions of Service) (Third
Amendment) Rules, 2015, which does not mention that Punjabi is an essential
qualification for a candidate to be eligible. As long as the candidate has the
necessary qualification on the date when appointment is to be offered, he cannot
be declared as ineligible on this ground as has been done in the instant case.
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12. In the present case, the petitioner herein took the Punjabi language
examination much before the select list was prepared and he had the necessary
qualification of matric. Moreover, at the time when the petitioner was called for
scrutiny of documents by the Selection Committee, he already had the relevant
matriculation certificate in Punjabi language, which he showed to the said
Selection Committee and the same should not have been discarded. Similar
views have been taken by this Court in Minni Grover's case and Akshay
Dhawan's case (supra).
13. Consequently, the petitioner herein is declared eligible for
consideration for the post of Sub-Fire Officer. Official respondents are directed
to consider the case of the petitioner herein for appointment to the post of Sub-
Fire Officer and issue him appointment letter, if all other necessary conditions
are satisfied. In the event of appointment, the seniority of the petitioner will
relate back from the date similarly situated persons had been granted
appointment but he will not be entitled to any monetary benefits. Let an entire
exercise be done, within a period of two months from the date of receipt of
certified copy of this order.
14. The instant writ petition stands allowed in the above terms.
(JAISHREE THAKUR)
22.12.2022 JUDGE
Chetan Thakur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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