IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.4370 of 2011 Date of Decision : March 10, 2011. Jaspal Singh .....Petitioner versus State of Punjab and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.G.S.Bal, Advocate, for the petitioner. *** 1. Whether Reporters of Local papers 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? --- Surya Kant, J. (Oral) The petitioner joined as a Fireman in the Fire Brigade at Rajpura in January, 1981 and he was promoted to the posts of Sub Fire Officer, Station Fire Officer and then as an Assistant Divisional Fire Officer vide order dated 3.1.2006 (Annexure P-1). Subsequently, it transpired that the petitioner does not possess the requisite technical qualification, i.e, Diploma in Fire Engineering from the National Fire Services College, Nagpur or from any other Institute. A show cause notice was issued to the petitioner on 31.8.2010 directing him to produce the certificate of prescribed qualification which the petitioner could not produce as he does not possess the same. Consequently, an order of reversion dated 25.2.2011 (Annexure P-4) has been passed against the petitioner, prompting him to approach this Court. C.W.P.No .4370 of 2011 2 Learned counsel for the petitioner fairly concedes that the petitioner does not possess the Diploma in Fire Engineering. He further contends that the petitioner never misrepresented the authorities and that he was consciously promoted by the Competent authority on the basis of short duration courses undertaken by him and also keeping in view his experience. The second grievance of the petitioner is that the respondents never deputed him to undergo the said course even though he repeatedly represented in this regard. It is also pointed out that even the petitioner's promotion on 2.1.2006 to the post of Assistant Divisional Fire Officer on the basis of his satisfactory work and conduct as well as the experience, is sufficient enough to relax the technical qualification which the petitioner does not possess. Having heard learned counsel for the petitioner and considering the nature of relief sought in this writ petition, I am of the considered view that the power to relax the qualification as prescribed under the Rules can be exercised by the Competent Authority for specified reasons only. Since the petitioner does not possess the prescribed technical qualification, no fault can be found with the impugned order. However, liberty is granted to the petitioner to make a representation before the Competent Authority seeking relaxation in Rules on the basis of the short term courses already undergone by him as well as the experience earned before and after the last promotion. If such a representation is made by the petitioner, the Competent Authority is directed to consider the same sympathetically and in accordance with law, within a period of one month C.W.P.No .4370 of 2011 3 from the date of its receipt. Ordered accordingly. Dasti. March 10, 2011 (SURYA KANT) Mohinder JUDGE