Civil Writ Petition No. 657 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 657 of 2009 Date of decision: 30.7.2009 Satyawan Singh Mehra ...petitioner Versus Haryana Staff Selection Commission and others ...respondents. CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. Som Nath Saini , Advocate for the petitioner. Mr. Yashwinder Singh, AAG, Haryana for the State. ***** RANJIT SINGH J. The Government of Haryana issued a notification in the year 1995 framing rules for prescribing method of recruitment and qualification required for the post of Senior Scientific Assistant. The petitioner, who is M.Sc. in Bio-technology applied for the post in response to an advertisement issued on 7.12.2007. The petitioner was informed on 19.12.2008 that he did not possess the required one year experience. Counsel for the petitioner contends that the experience required as per the advertisement was one year research and analytical experience in any one of the above mentioned subjects. In support, the petitioner had supplied a certificate from Advanced Microdevices Private Limited, Ambala. This has not been considered to be a sufficient experience from an appropriate agency. The State counsel has drawn my attention to a communication addressed by Director General of Police, Haryana to Secretary, Civil Writ Petition No. 657 of 2009 2 Haryana Staff Selection Commission, which is annexed with the reply as Annexure R-1/1. From this it is sought to be contended that requisite experience was to be from the Government lab and not from the private laboratory as was in the case of the petitioner. In the reply it is also pointed out that the petitioner is not possessing the requisite educational qualification, M.Sc. degree in second division, which is the essential qualification in any one of the subjects i.e. Zoology, Botany, Bio-Chemistry and Anthropology (Physical), Forensic Science, Human Biology from a recognised University or its equivalent degree. The petitioner is possessing M.Sc. Bio- technology. The contention of the counsel is that this degree possessed by the petitioner is equivalent to M.Sc degree in the subjects given in the advertisement. In support he has also drawn my attention to certificate issued by Head of Department, Kurukshetra University to say that the degree possessed by the petitioner can be considered equivalent to degree mentioned in the advertisement for the appointment of the said post. Counsel for the petitioner also submits that it was not clarified in the advertisement, if the experience required was to be from a Government laboratory. He would have some justification in saying so because this requirement has subsequently been sent by the Director General of Police to the Secretary of the Service Commission. It is also not clearly dispelled whether the degree possessed by the petitioner can be considered equivalent to the degrees which are required as per the advertisement or not. This matter would need to be examined by a Committee of expert whether the degree possessed by the petitioner can be considered equivalent Civil Writ Petition No. 657 of 2009 3 to a degrees which are required as per the advertisement or not. In case, the degree possessed by the petitioner is found to be equivalent to the degrees, which are mentioned in the advertisement, the case of the petitioner would deserve consideration for appointment. The respondents are accordingly directed to constitute a Committee of experts to determine if the degree possessed by the petitioner is equivalent to the qualification prescribed in the advertisement. The submission that appointments have already been made would be meaningless as there was an interim order passed by this Court that the selection if any made shall be subject to decision of the writ petition. The respondents shall also consider whether they are justified in relying on experience only from the Government Laboratory, in the background, that it is not prescribed in the advertisement and also in the background that there would hardly be any scope or chance for a person to get experience from a Government laboratory unless he is in Government job. The case of the petitioner be considered in the light of the observation made above. It would be desirable if the entire process is completed within a period of two months from the date of receipt of copy of this order. If the petitioner is found eligible on the basis of a degree as possessed by him and also on the basis of experience certificate produced by him, he shall be considered for appointment to the post for which he has applied and on the basis of his merit. The writ petition is accordingly disposed of. July 30, 2009 ( RANJIT SINGH ) rts JUDGE