Dismissed

Surinder Singh & Ors. v. State of Punjab & Anr.

Punjab & Haryana HC7 Feb 2014CWP/2352/2014

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging the enhanced qualification of a Graduation degree for Sanitary Inspector posts in Punjab Municipal Corporations and the use of English for the recruitment examination. The Court held these measures were reasonable and not arbitrary.

What did the court decide?

Dismissal of the writ petition finding no merit in the grievances regarding qualification discrepancies and examination language.

Surinder Singh & Ors. Vs State of Punjab… — Service and Employment | Punjab & Haryana HC (2014)

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CWP 2352/2014 1

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118

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Date of decision:07/02/2014.

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Surinder Singh and others

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.............Petitioners

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State of Punjab and another

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.............Respondents

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr.Lakhwinder Singh Mann,Advocate for the petitioners.

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Jaswant Singh,J.

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The petitioners are aspirants for the post of Sanitary Inspectors advertised vide public notice (P2) by the Department of Local Self Government, Punjab for appointment with the Municipal Corporations and Municipal Councils.

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First grievance of the petitioners is that the post of Sanitary Inspectors for appointment with Municipal Corporations by way of direct recruitment requires the possessing of a Graduation degree from a recognized university/institution besides the Diploma in Sanitary Inspector Course as essential qualification. It is submitted that the post of Sanitary Inspector to be filled up with Municipal Corporations is not encadred in the Punjab Municipal Corporation Services (Recruitment

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RAJINDER PRASHAD JOSHI 2015.01.06 12:59 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

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118

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CWP 2352/2014 2

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and Conditions of Service)Rules,1978 and therefore, the said posts with the enhanced basic qualification of Graduation cannot be insisted upon in the light of the similar posts governed for appointment under the Municipal Committees by the Punjab Municipal Services (Recruitment and Conditions of Service)Rules,1975 which do not envisage the possession of the same.

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The second grievance of the petitioners is that the proposed examination for recruitment of the post of Sanitary Inspector with the Municipal Corporation is being conducted in English language only and since the proceedings of Municipal Corporations are to be conducted in Punjabi/Gurmukhi, the written examination being conducted in English is thus arbitrary.

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Having heard learned counsel for the petitioners at length, this Court finds no merit in the writ petition.

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It is conceded that the post of Sanitary Inspector for appointment in Municipal Corporation is not yet governed/covered under any statutory Rules, therefore, there is no statutory bar for the employer to lay down any reasonable essential qualifications for the said posts. It cannot be disputed that the areas of operation covered under the Municipal Corporation comprises of larger cities with larger informed population than Municipal Committees. A candidate with Graduation degree would be more equipped to handle his public duties. The laying down of a Graduation degree as one of the essential

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qualifications thus cannot be, by any stretch of imagination, beRAJINDER PRASHAD JOSHI 2015.01.06 12:59 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

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118

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CWP 2352/2014 3

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construed as arbitrary. Merely because posts with similar designation in Municipal Committees do not require possession of similar essential qualifications would not constitute a valid ground for substantiating the plea of discrimination, as the posts of Sanitary Inspector with Municipal Corporation and Municipal Committees are basically different and not interchangeable although carry the same designation. They are in totally different cadres and under different employers. Therefore, laying down of any enhanced qualification without there being any statutory bar for better discharge of duties is perfectly legal and valid.

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As regards the conduct of examination for recruitment in English is concerned, that action is also legal and valid. A candidate who is Graduate is required to pass the English language paper as per the prescribed academic curriculum and therefore has to be accepted that he possesses the basic and sufficient knowledge of English language so as to comprehend and undertake the recruitment examination for the post of Sanitary Inspector.

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In view of the above,finding no merit in the present writ petition the same is hereby dismissed.

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07.02.2014 joshi

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(Jaswant Singh) Judge

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RAJINDER PRASHAD JOSHI 2015.01.06 12:59 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

Surinder Singh & Ors. v. State of Punjab & Anr.

Case brief

What is this about?

What did the court decide?

Surinder Singh & Ors. v. State of Punjab & Anr.

Case brief

What is this about?

What did the court decide?

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