CWP No.7949 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7949 of 2010 (O&M) Decided on : 04-05-2011 Sudesh Kumar ....Petitioner VERSUS Haryana Staff Selection Commission, Panchkula ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.Sandeep Singh, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana MAHESH GROVER, J In this writ petition, the petitioner prays that he should have been considered for appointment as a Station Supervisor for which post he had applied pursuant to the advertisement issued by the Haryana Staff Selection Commission on 22.8.2007. According to the advertisement set out for the said post, the eligibility criteria was as below:- EQ: i) Graduate ii) Minimum five years experience in Motor Road Transport Government or Semi Government Department or Public Undertakings. Pay Scale 5450-8000 Age 18-40 years.” According to the petitioner, he was fully eligible and applied for the same but in June, 2009 but the entire process was scrapped by the CWP No.7949 of 2010 (O&M) 2 respondents and a public notice was given out in the newspaper stating that consequent upon the non-availability of the eligible candidates certain categories of posts specified in the said notice were cancelled. The post of Station Supervisor was one of them. The petitioner made efforts under the Right to Information Act and the information given to him was that he was the sole eligible candidate. This has become the basis of the instant petition wherein the petitioner alleges that he being eligible should have been considered for the post advertised and same could not have been cancelled on the plea that no eligible candidate was available. Upon notice of motion having been issued, the respondents have filed their reply and have stated that the petitioner did not have the requisite qualification as he lacked minimum 5 years experience in motor road transport Government or semi Government Department or Public Undertaking. Regarding the qualification possessed by the petitioner, a specific reference was made to the Secretary to Haryana Staff Selection Commission, Panchkula who opined vide Annexure R-1 that qualifications possessed by the petitioner are not to be construed to be legitimate to be considered for the post and thereafter finding no eligible candidate for the selection, the said post was scuttled. On due consideration of the matter, I am of the considered opinion that no infirmity could be found in the action of the respondents. The petitioner claims himself to be eligible but has not appended any material from where it could be inferred that he was duly eligible and on the contrary, the respondents have demonstrated their bona fides when they refer to Annexure R-1 to say that they had duly considered the case of the petitioner and referred the matter to the Staff Selection Commission who CWP No.7949 of 2010 (O&M) 3 had to select the candidate and who opined that the petitioner was lacking in essential qualification and thereafter decision to scrap the entire selection was taken. Hence, the instant petition being devoid of any merit is hereby dismissed. May 04, 2011 (Mahesh Grover) rekha Judge