IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP 1950 of 2008. Decided on June 29, 2010. Pardeep Kumar and others …. Petitioners. Versus State of H.P. & others ….. Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the petitioners Ms. Seema Guleria, Advocate. For respondents 1 and 2 Mr. R.P.Singh, Dy. AG. For respondent No. 3 Mr. D.K.Khanna, Advocate. Surjit Singh, Judge (Oral). By means of present writ petition, petitioners have prayed for issuance of writ of certiorari, quashing Rule 1 (b) of Himachal Pradesh Agricultural Services (Class I Gazetted) Non-ministerial Recruitment and Promotion (First Amendment) Rules, 2007 to the extent, by which M.Sc. Agriculture, 2nd Class has been prescribed as an essential qualification for recruitment to H.P. Agricultural Services (Class-I Gazetted), besides seeking direction to the respondents, not to go ahead with the recruitment of Whether reporters of the local papers may be allowed to see the judgment? - 2 - Agriculture Development Officers, Class I Gazetted, on the basis of advertisement, dated 17.7.2008. They have sought issuance of a further direction to the respondents to proceed with the recruitment to the post of Agriculture Development Officers, Class I Gazetted, in accordance with Himachal Pradesh Agricultural Services (Class I Gazetted) Non-ministerial Recruitment and Promotion Rules, 1995, as they existed prior to the aforesaid amendment of 2007. 2. Directorate of Agriculture, Himachal Pradesh, got published an advertisement, inviting applications for 100 posts of Agriculture Development Officers in a daily newspaper, called Hindustan Times, on 21.7.2007. Essential qualification, as per advertisement, was M.Sc. Agriculture in 2nd Division. Petitioners, who, admittedly, are not holding degree of M.Sc. Agriculture, but are holding degree in B.Sc. Agriculture, felt aggrieved by this advertisement and filed Original Application before H.P. State Administrative Tribunal (now defunct), challenging the advertisement. They pleaded that in the rules of 1995, essential qualification was B.Sc. Agriculture and, therefore, advertisement saying that only candidates with Masters Degree in Science (Agriculture) could apply, was bad and ultra vires. In the meanwhile, - 3 - process for recruitment, pursuant to aforesaid advertisement, copy Annexure P-5, was dropped and a fresh advertisement was got published by H.P. Public Service Commission, respondent No. 3 herein. That advertisement is Annexure P-8 and it is dated 17.7.2008. 3. H.P. State Administrative Tribunal having been scrapped, petitioners have now filed the present writ petition. They have challenged the amendment carried out in the rules of 1995, notified on 15.8.2007, copy Annexure P-7, whereby essential qualification has been changed from B.Sc. Agriculture to M.Sc. Agriculture 2nd Class. Also, they have challenged advisement, Annexure P-8, issued by respondent No. 3, that is, H.P. Public Serivice Commission. According to them, when vacancies became available, essential qualification was B.Sc. Agriculture and they fulfilled this qualification and that the change in the rules by amendment of 2007, vide Annexure P-7, has adversely affected their vested rights. 4. In their reply, respondents have pleaded that essential qualification for Himachal Pradesh Agricultural Services (Class I Gazetted) had been changed from B.Sc. Agriculture to M.Sc. Agriculture in the year 2002, that is, much before the publication of - 4 - advertisement by the Agriculture Department, vide Annexure P-5. It is stated that at the time when pay scales were revised and the posts of Agriculture Inspectors had been upgraded to those of Agriculture Development Officers vide Rules dated 18.5.2002, copy Annexure R-2, it was provided that in future, essential qualification for recruitment to the Himachal Pradesh Agricultural Services (Class I Gazetted) shall be M.Sc. Agriculture 2nd Class. 5. I have heard the counsel for the parties and gone through the record. 6. Notification, Annexure R-2, which was issued on 18.5.2002, notifies an amendment in the H.P. Civil Services (Revised Pay) (Fifth Amendment) Rules, 2001, per which essential qualification for the posts included in Agricultural Services (Class I) was changed from B.Sc. Agriculture to M.Sc. Agriculture 2nd Class. In view of this notification, it is held that there is no merit in the present writ petition. The same is, therefore, dismissed. June 29, 2010 (PC). (Surjit Singh), J.