Lalit Kumar Sharma v. State Of Haryana And ORS

C. W. P. No. 21593 of 2015 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Case No. : C. W. P. No. 21593 of 2015 Date of Decision : October 08, 2015 Lalit Kumar Sharma ....

Petitioner Vs.

State of Haryana and others ....

Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.

* * * To be referred to Reporters or not ?

Whether the judgment should be reported in the digest ? * * * Present :

Mr. Bhawesh Chaudhary, Advocate for the petitioner.

* * * DEEPAK SIBAL , J.

:

The present petition has been filed seeking quashing of the advertisement dated 05.07.2015 on the ground that in the advertisement for the post of PGT Computer Science, only those candidates, who have passed their qualifying examinations by way of attending regular classes have been made eligible in contradistinction to persons like the petitioner who have passed the required academic courses through Distance Education Program. The issue raised in the present petition is no longer res integra. In Sunil Sharma and others vs. State of Haryana and others

C. W. P. No. 21593 of 2015 2 - C. W. P. No. 19126 of 2015, decided on 01.10.2015, the issue raised in the present petition has been considered and rejected by a Division Bench of this Court by holding as under :- "In view of the above, we find that once the State Government has framed statutory Rules in exercise of the powers conferred under proviso to Article 309 of the Constitution, such Rules being legislative cannot be challenged except on account of violation of any other statute or the Constitution. The prescribing of the qualifications required for a post is a matter of experts to decide. Once the experts have fixed a particular qualification, the same cannot be made subject matter of judicial review. Thus, we find that prescribing a post-graduate in MCA or M.Sc. in Computer Science after undergoing regular course cannot be said to be illegal or arbitrary which may warrant interference in the writ jurisdiction of this Court.

C. W. P. No. 21593 of 2015 3 Dismissed."

In view of the above, finding no merit in this petition, the same is ordered to be dismissed in limine.

No costs.

( DEEPAK SIBAL ) JUDGE October 08, 2015 monika