IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 2808 of 2009. [O&M] Date of Decision: 19th August 2010. Ashwani Kumar Petitioner through Mr. R.S.Bajaj, Advocate Versus State of Punjab & Ors. Respondents through Mr. H.S.Brar, Addl.AG, Punjab. Mr. Neeraj Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 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 seeks quashing of the orders dated 05.03.2007 [Annexure P-3] and 15.12.2008 [Annexure P-5] whereby his claim for appointment to the post of Inspector in the services of the Municipal Corporation/Municipal Council, has been turned down on the ground that he does not possess the requisite qualification and his appeal against the said order has also been rejected by the State Government. The undisputed facts are that the petitioner is a third class Graduate with M.A. Post Graduate qualification. He applied for the post of Inspector in response to the advertisement dated 20.03.1998 [Annexure P-1], relevant part of which reads as follows:- “8. Inspectors Second Class Graduate. Preference will be given to Graduates with diploma in Local Government”. It appears that the petitioner's claim was not considered for the reason that he was not 2nd Class Graduate and was, thus, lacking the prescribed qualification. It further appears that the petitioner approached this Court in the year 2006 by way of CWP No. 10682 of 2006 which was disposed of with a direction to the respondents to consider his representation and pass a speaking order thereon. Pursuant thereto that the impugned orders have been passed. The only issue which requires consideration is as to whether or not the petitioner possesses the prescribed qualification for the post of Inspector? While the petitioner relies upon the Punjab Municipal Elections Officers [State Service Class-III] Rules, 1978 to contend that for the post of “Assistant”, the prescribed qualification is Graduate with at least five years' experience in noting and drafting, the respondents have referred to the Punjab Municipal Corporation Services [Recruitment and Conditions of Service] Rules, 1978, Appendix 'B' whereof pertains to [Sr. No. 21] the posts of Assistants, Inspectors and Head Clerks and it further prescribes the minimum eligibility qualification of 2nd Class in Graduation for appointment by direct recruitment with preference to a Graduate with Diploma in Local Government. Suffice it to say that the advertisement [Annexure P-1] was issued in consonance with the qualifications laid down in the Punjab Municipal Corporation Services [Recruitment and Conditions of Service] Rules, 1978. From the nature of duties to be performed by an Inspector in the Municipal Corporation/Council/Nagar Panchayat etc. , it would be too far fetched to hold that the Inspectors are required to work under the Election officers of Municipalities. Most importantly no post of 'Inspector' exists in Appendix 'A' or 'B' appended to Rules relied upon by the petitioner. On the contrary, the Punjab Municipal Corporation Services [Recruitment and Conditions of Service] Rules, 1978 expressly provide the post of 'Inspector' and lay down the qualifications required to be possessed by the direct recruits. Since the petitioner does not possess the requisite qualification prescribed under the Punjab Municipal Corporation Services [Recruitment and Conditions of Service] Rules, 1978, as reflected in the advertisement [Annexure P-1] also, no case to interfere with the impugned orders is made out. Dismissed. August 19, 2010. ( SURYA KANT ) dinesh JUDGE