IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.8002 of 2008 Date of Decision: 20.7.2010 Sonia. ....... Petitioner through Shri Jitender Nara, Advocate. Versus State of Haryana and others. ....... Respondents through Shri Amit Goyal, Assistant Advocate General, Haryana. CORAM: HON'BLE MR.JUSTICE MAHESH GROVER .... 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? .... Mahesh Grover,J. The petitioner claims that she be appointed as Lecturer in Fashion Technology or Lecturer in Fashion Design for which she was duly selected by the respondents which is indicated from Annexure P5. She applied in response to advertisement, Annexure P1, the relevant portion of which is extracted hereunder:- “23. Lecturer in Fashion Techology. i) 1st Class Bachelor Degree in Fashion Design/ Garment Technology/ Fashion and Apparel Design/ Apparel C.W.P.No.8002 of 2008 -2- .... Engineering from a recognized university/ institute. OR Associate member of Institute of engineers (India_) by examination in Fashion design/ garment technology/ fashion and apparel design/ apparel Engg. with 60% marks in aggregate in Section A and B after passing three years diploma in Fashion Design/ Garment Technology/ Fashion and apparel design/ apparel Engg. In first division. ii)Knowledge of Hindi/ Sanskrit upto Matric standard.” The petitioner is Bachelor of Science in Fashion Design and she has also acquired a post graduation degree from the Punjab Technical University in the same subject. The respondents denied her appointment on the ground which was disclosed in the written statement that she was not holder of a Bachelor's degree in Fashion Design/ Garment Technology of a course which was of four years duration nor the degree held by her was recognized by the All India Council of Technical Education (for short, `AICTE'). A stand has been taken that the degree possessed by the petitioner is distinct from the requirements of the post and hence, she is ineligible for appointment. Learned counsel for the petitioner contended that in the advertisement, there was no such requirement that Bachelor's degree should pertain to four years' duration or that the same should be recognized by the AICTE so as to deny the claim of the petitioner for appointment,moreso when she was the only candidate who was selected and has since been C.W.P.No.8002 of 2008 -3- .... working as Guest Lecturer in the same institution without any complaint from the respondents and which fact has not been denied by them in their written statement. Learned counsel for the respondents has primarily made submissions on the lines of the stand taken in the reply of the respondents. I have considered the entire matter and have perused the material on record. The advertisement which was given out by the respondents and the contents of which have been extracted above, does not, in any manner, reveal what has been brought out in the written statement to deny the petitioner's claim. It was nowhere given out that Bachelor's degree in Engineering of a course which is of four years duration and which is recognized by the AICTE shall be the eligibility criteria for a candidate desirous of being selected as Lecturer in the subjects which have been indicated therein. It is a settled proposition of law that the advertisement should contain the essentials which an employer want the desirous employee to fulfil and once the same is not specific enough, then the claim of an individual cannot be denied on the ground that he or she does not possess such qualifications which the employer, for reasons best known to him, has kept under wraps. It is not the case of the respondents that the petitioner did not fulfil the eligibility conditions of Bachelor's degree in Fashion Design, but it is their case that the degree of Bachelor of Science in Fashion Design possessed by the petitioner is not corresponding to a four years course and is not recognized by the AICTE which obviously did not C.W.P.No.8002 of 2008 -4- .... find mention in the advertisement and consequently, could not have been used against her to deny appointment. The claim of the petitioner for the post is further strengthened from the fact that undeniably she is working as Guest Lecturer in the same very institution even though on contractual basis and, therefore, to deprive her a regular appointment on a ground which has been conjured up at a belated stage can, at best, be termed to be arbitrary and irrational decision. The writ petition is, therefore, accepted and the respondents are directed to give effect to the selection list and appoint the petitioner to the post of Lecturer in Fashion Technology or Lecturer in Fashion Design forthwith. July 20,2010 ( Mahesh Grover ) “SCM” Judge