Manmohan and Others Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

Manmohan and Others Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioners to be considered for the posts of Hydrologist/Geophysicist only as per the amended eligibility criteria (which is to include the qualifications presently held by them), provided they fulfill all the other eligibility requirements; per State counsel's submission, they may apply fresh once the amendment is carried out.

Issue for consideration

Whether the petitioners, who did not possess the requisite qualifications at the time the posts were advertised, can be considered for the posts of Hydrologist/Geophysicist once the amendment including the qualifications presently held by them is carried out, and on what eligibility criteria such consideration must proceed.

Court's answer

Since the eligibility of the petitioners can be considered only after the amendment is carried out by including the qualifications held by them as of now for the posts of Hydrologist/Geophysicist, the petitioners will have to be considered only as per the said eligibility criteria, provided they fulfill all the other eligibility requirements.

Ratio / Principle

The present petition stands disposed of accordingly.

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Deepak Gupta, J., oral) — CWP-2138-2019, Manmohan and others v. State of Haryana and others, decided 14.01.2025. Recruitment/service-law eligibility: the petitioners did not possess the requisite qualifications at the time the posts were advertised; the qualification presently held by them has since been included for the posts of Hydrologist/Geophysicist, though Government approval and the formal amendment were still pending. Held: the petitioners' eligibility can be considered only after the amendment is carried out, and they must be considered as per the amended eligibility criteria provided they fulfill all other eligibility requirements; the petition was disposed of accordingly. An earlier interim order dated 04.04.2024 had recorded that clarification was awaited from the Additional Chief Secretary, Agriculture and Farmers Welfare Department on whether M.Sc. (Applied Geology) for Geologist and M.Sc. (Applied Geophysics) for Geophysicist could be treated as requisite/essential qualifications per the advertisement. Counsel for the petitioners had apprehended that the petitioners would become overage by the time the selection process begins; the Court nonetheless disposed of the petition on the terms above.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

217

CWP-2138-2019 Date of Decision: 14.01.2025

MANMOHAN AND OTHERS

…..Pe--oners

Vs.

STATE OF HARYANA AND OTHERS …..Respondents

CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA

Present: Mr. Nonish Kumar, Advocate for the pe��oner.

Mr. Harish Rathee, Sr. DAG, Haryana.

DEEPAK GUPTA, J. (ORAL)

On 04.04.2024, the following order was passed:-

“Learned counsel for the Commission contends that a clarifica�on has been sought from Addi�onal Chief Secretary, Agriculture and Farmers Welfare Department, as to whether qualifica�on of M.Sc. In Applied Geology for the post of Geologist and M.Sc. in Applied Geophysics for the post of Geophysicist can be considered requisite/essen�al qualifica�on as per the adver�sement. The clarifica�on is awaited.

Learned State counsel contends that the request of the Commission will be responded to by the Department within four weeks.

Adjourned to 01.08.2024.”

Today, it is informed by learned State counsel that the ma:er is s�ll under considera�on in respect of the clarifica�on sought by this Court in the above said order dated 04.04.2024. However, it is further submi:ed by learned State counsel that this pe��on has become infructuous because at the �me when the post was adver�sed, the pe��oners were not having the requisite qualifica�ons. Later on, ma:er was considered and the qualifica�on presently held by the pe��oners, has been included for the posts of Hydrologist/Geophysicist , although the approval for the same is yet to be granted

PRIYANKA 2025.01.14 17:55 I attest to the accuracy and integrity of this document

CWP-2138-2019

-2-

by the Government and amendment is s�ll to be carried out.

Learned State counsel submits that a;er the amendment is carried out, pe��oners may be at liberty to apply fresh.

At this stage, counsel for the pe��oner submits that pe��oners will be in difficulty as by the �me selec�on process is begun by the respondents, the pe��oners will be become overage.

Since the eligibility of the pe��oners can be considered only a;er the amendment is carried out by including the qualifica�ons held by the pe��oners as of now for the posts of Hydrologist/Geophysicist, therefore, pe��oners will have to be considered only as per the said eligibility criteria provided they fulfill all the other eligibility requirements.

The present pe��on stands disposed of accordingly.

		(DEEPAK GUPTA)
14.01.2025		JUDGE
pry
	Whether speaking/reasoned	: Yes
	Whether reportable	: No

PRIYANKA 2025.01.14 17:55 I attest to the accuracy and integrity of this document