That they held executive posts and for the required period was companyceded in Government letter of 21st of February, 1981.
The selection was undertaken excluding them.
A civil miscellaneous petition has been filed to add them as party respondents to the appeal and that application had been placed for hearing along with the appeal.
From the Judgment and Order dated 8.9.1981 of the Punjab and Haryana High Court in L.P.A. 857 of 1981.
Thereupon a writ petition was filed before the High Court claiming that the appellant had the requisite qualification having been an executive officer for the requisite period and his exclusion was unjustified and the selection made by the Com mission was hit on account of infraction of the provisions of Article 16 of the Constitution.
294 of 1982.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Mahabir Singh, Subhash Sharma and C.M. Nayar for the Respondents.
As such, in case the Commis sion feels that they fulfil the qualifications for the posts in question, this department have numberobjection to the names of the Inspec tors Sub Inspectors who have applied directly to the Commission, to be companysidered for these posts.
The learned Single Judge negatived this stand and dismissed the writ petition and the Division Bench upheld the decision of the Single Judge by dismissing the appeal in limine.
The State Government, however, did number issue such certificates and in their absence the Commission did number companysider the Inspector and Sub Inspector candidates as having the requi site qualification for being candidates for the post.
The Judgment of the Court was delivered by RANGANATH MISRA, J. This appeal is by special leave and is directed against the appellate judgment of a Division Bench of the Punjab and Haryana High Court upholding the decision of a learned Single Judge of that Court by dismiss ing the appeal in limine.
The selected candidates were number made parties to the writ petition.
The Commission prescribed, inter alia, that one of the essential qualifications shall be five three years experience as an executive officer in a companymercial organisa tion of Government or Semi Government office before or after acquiring the academic degree and the Special Secretary to Haryana Government in the Food and Supplies Department, on 20th of February, 1981, wrote to the Secretary of the Com mission affirming that position and added that Certain Inspectors Sub Inspectors of this Department seem to have sent their appli cations advance companyies to the Commission for these posts.
The Commission called the appellant and other similarly placed candidates for interview but required them to produce certificates from the State Government to the effect that they had the requisite experience of executive officer.
The Haryana Public Service Commis sion advertised the filling up of one Post of D.F.S.C. and 4 posts of District Food and Supplies Officers by direct recruitment.
The work of Inspectors Sub Inspectors is of executive nature though they are number officers.
P. Rao, R. Venkataramani, U.G. Pragasan and S.M. Garg for the Appellant.
