IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 7348 of 2009 DATE OF DECISION : 15.05.2009 Deepak Kumar .... PETITIONER Versus Guru Jambheshwar University of Science and Technology, Hisar and another ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Raj Mohan Singh, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. The petitioner, who was also one of the candidates for the post of Clerk-cum-Junior Data Entry Operator, has filed the instant petition, challenging the selection made by the respondent University, without impleading the selected candidates. In the present case, the respondent University, vide advertisement No. 1/05, invited applications for the recruitment of 55 posts of Clerk-cum-Junior Data Entry Operator. The qualification and experience for the same were prescribed therein. The written test for the post was held on 28.1.2007. Thereafter, the type test was also held. On the basis of the merit, the candidates, including the petitioner, were called for interview. CWP No. 7348 of 2009 -2- The respondent University, after holding the interview, conducted the computer skill test and thereafter, declared the result, in which the petitioner was not selected. The petitioner has challenged the said selection only on the ground that as per the qualification prescribed in the advertisement, a candidate was only required to have the ability to work on computers and with Internet and data entry efficiently. No test in this regard was prescribed. However, in stead of making the selection only on the basis of interview, the respondent University also conducted a computer skill test. Therefore, the entire selection is illegal. It is further case of the petitioner that such computer skill test was to be held only after selection within one year from the date of joining the service and in the event of failure to qualify the test, only increment was to be stopped. I have heard learned counsel for the petitioner and have gone through the advertisement No. 1/05, which prescribes the following qualification and experience for the post of Clerk-cum-Junior Data Entry Operator : i) Matric Ist Division or Higher Secondary 2nd Division or Intermediate 2nd Division or 10+2 2nd Division or Graduate. ii) The candidate will have to qualify the written test of Matric standard as prescribed by the competent authority. iii) The candidate will have to qualify the Type Test at the speed of 30 w.p.m. in English or 25 w.p.m. in Hindi. iv) Candidate should be able to work on computers and with Internet and date entry efficiently. CWP No. 7348 of 2009 -3- v) Selected candidates shall have to pass qualifying course in the use of computers and Internet as prescribed by the University within a year from the date of joining the University service failing which they will not earn annual increment.” Clause (iv) of the qualification clearly stipulates that a candidate should be able to work on computers and with Internet and data entry efficiently. In order to ascertain the said requirement/qualification, the respondent University conducted the computer skill test. Therefore, in my opinion, contention of the petitioner that in the advertisement, no such qualification of holding the computer skill test was prescribed, cannot be accepted. Regarding the contention of the petitioner that the selected candidate was to pass the qualifying course after selection within one year from the date of joining the service, failing which, only annual increment was to be stopped, I am of the opinion that the said clause will come into play only after selection. Therefore, the selection made by the respondent University cannot be held to be illegal, only on the ground that at the time of interview, the respondent University has also conducted the computer skill test to ascertain the ability of a candidate to work on computer with Internet and data entry efficiently. In view of the above, there is no merit in the instant petition and the same is, hereby, dismissed. May 15, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE