CWP No.231 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.231 of 2009 Date of decision: 26.05.2009 Harpreet Singh ... Petitioner VERSUS State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI. Present: Mr. K.G. Chaudhary, Advocate, for the petitioner. Mr. B.S.Chahal, DAG, Punjab. PERMOD KOHLI, J. (ORAL) The petitioner applied for the post of Operator /Messenger in response to the advertisement for recruitment of Constable, Telecommunication issued vide Annexure P-1. The last date of the receipt of the application was 07.07.2006. Following qualifications have been prescribed for the aforesaid post: - Two years ITI course or equivalent or one year course with one year experience from an institute, such courses having been recognized by Punjab State Technical Education Board/Department of Technical Education, Punjab/Department of Information Technology, Punjab. It is admitted case of the parties that the petitioner did not have the requisite qualification as on last date of receipt of applications i.e. 07.07.2006. CWP No.231 of 2009 2 However, the petitioner has relied upon the certificate dated 25.01.2007 whereby the petitioner has acquired the Postgraduate Diploma in Computer Application and certificate dated 23rd February, 2007 whereby he acquired the Postgraduate Diploma in Computer Application, Semesters 2 and 1 respectively. It is stated on behalf of petitioner that even though the petitioner has acquired these qualifications (Annexure P-1) after the last date of receipt of application, but these documents were accepted by the respondent on acceptance of the applications, therefore, the petitioner is deemed to have possessed the qualifications required for the post. The petitioner has also relied upon the certificates dated 13.11.1997 and 13.05.2000 (Annexures P-9 and P-10) respectively to argue that the petitioner had the requisite qualifications in the years 1997 and 2000. Annexure P-9 is a certificate regarding Diploma issued by the National Centre of Computer Training at Faridkot. No duration of diploma is mentioned in this certificate. Similarly, Annexure P-10 has been issued by The Punjab State Board of Technical Education and Industrial Training, but no duration of Diploma has been specified in this document as well. As per the qualification laid down in the advertisement notice, it is apparent that minimum 2 years ITI course or equivalent or one year course with one year experience from institute recognized by the Punjab State Technical Education Board/Department of Technical Education,Punjab/Department of Information Technology, Punjab is required. The two Diploma Courses which fall within the prescribed qualifications were acquired by the petitioner after the last date of making application (Annexures P-12 and P-13) whereas the courses said to have been completed by the petitioner (Annexure P-9 and P10) do not confirm to the prescribed qualifications as no duration of the diploma/course is mentioned in any of these two documents. The requisite qualification possessed by the CWP No.231 of 2009 3 petitioner having been acquired after the last date of receipt of application, the petitioner cannot be considered for appointment on that basis, whereas the other two courses relied upon by petitioner, though passed before the cut of date but these courses do not confirm to the minimum prescribed qualifications i.e. 2 years ITI courses or equivalent or one year course with one year experience At this stage, Mr. K.G.Chaudhary, Advocate for the petitioner has drawn attention to para No.5 of the reply wherein it is mentioned that the date for submission of qualification certificates was extended upto 01.02.2007 by the Recruitment Board and same was intimated to the petitioner. Even if this position is accepted, still the petitioner was not eligible upto 01.02.2007 as the petitioner passed one year Semester on 25.01.2007 ( Annexure P-12) and the other Semester on 23.02.2007 (Annexure P-13). Thus, he was not possessed of requisite qualification even upto extended date. Hence, there is no merit in this petition and same is dismissed. 26.05.2009 (PERMOD KOHLI) shamsher JUDGE