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High Court of Punjab and Haryana · body

2025 DAILYLAW 31391 (PNJ)

JAI PRAKASH v. STATE OF HARYANA AND ORS

CWP/6048/2025 · 2025-07-15

Jagmohan Bansal

body2025

Judgment text

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` CWP-6048-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 109/1 CWP-6048-2025 Date of Decision: 15.07.2025 Jai Prakash …Petitioner Versus State of Haryana and others …Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Shreenath A. Khemka, Advocate for the petitioner Mr. Raman Sharma, Additional Advocate General, Haryana Mr. Sanjeev Kaushik, Advocate and Ms. Manreet Kaur, Advocate for respondent No.2 *** JAGMOHAN BANSAL, J. (Oral) 1. The petitioner through instant petition under Article 227 of the Constitution of India is seeking direction to the respondents to permit him to join on the post of Rice Mill Manager, HAFED. 2. Learned counsel for the petitioner inter alia contends that petitioner was selected by Recruitment Board for the post of Rice Mill Manager, however, respondent No.2-HAFED has rejected his candidature on the ground that he is not having requisite experience. In the advertisement, expression ‘in the line’ has been used. The petitioner is having experience ‘in the line’ though he is not having operational/industrial experience. For the post of Rice Mill Manager, operational/industrial experience is not required. MOHIT KUMAR 2025.07.15 16:05 I attest to the accuracy and integrity of this order/judgment. ` CWP-6048-2025 -2- 3. Mr. Sanjeev Kaushik and Ms. Manreet Kaur, learned counsel for respondent No.2 submit that teaching experience cannot be considered equivalent to experience ‘in the line’. The experience ‘in the line’ means practical experience. The petitioner was possessing teaching experience which cannot be considered as practical experience. It is mere theoretical experience. 4. I have heard the arguments of learned counsel for both sides and perused the record with their able assistance. 5. In the advertisement, essential qualification was prescribed for the post of Rice Mill Manager which reads as: - Cat. No. Essential Education Qualification for the posts of Cat. No. 34 to 46. XXXX XXXX 35. i) Diploma in Mechanical, or Production Engineering or B.Sc (Non-medical) from a recognized university/institute; and ii) One year practical experience connected with quality control, production, research design, development, planning in a reputed industrial undertaking/government department/corporation in the respective field. 36. i) Diploma in Mechanical, Chemical or Production Engineering from a recognized university/institute; and ii) One year practical experience connected with quality control, production, research design, development, planning in a reputed industrial undertaking/government department/corporation in the respective field. XXXX XXXX 41. (i) Diploma in Mechanical, or Electrical, or Chemical, or Electronics, or Textile Engineering or. (ii) B.Sc (Non-medical) from a recognized university/institute; and MOHIT KUMAR 2025.07.15 16:05 I attest to the accuracy and integrity of this order/judgment. ` CWP-6048-2025 -3- (ii) Three years practical experience in General Testing: 42. AICTE recognized Bechlor Degree In Civil/ Mechnical/ Architecture/ Computer/ Electrical/ Electronics/ Information Engineering/Technology or its equivalent from AICTE recognized institute/univertsity or institutions established by Ministry of Human Resource Development (MHRD), Govt. of India, on full time regular mode basis with One year Pratical/ Teaching experience; Or, Diploma in Civil/ Mechnical/ Architecture/ Computer/ Electrical/ Electronics/ Information Engineering /Technology or its equivalent from State Board of Technical Education with Two year Pratical/ Teaching experience. Note : Experience should be in the concerned trade/ field in an industrial establishment covered under Apprenticeship act or in a recognized technical institution; 6. In the advertisement, many other posts were advertised and qualification qua those posts was jotted down. For the same qualification, required experience was different which is evident from Entry No.35, 36, 41 and 42 of the advertisement. In case of Entry No.38, requirement was of experience ‘in the line’. The petitioner was possessing Bachelor’s and Master’s degree in Mechanical Engineering. He has 4 years 8 months experience of teaching with Government Polytechnic College, Malab. His field of teaching was Automobile Engineering which is one of the stream of Mechanical Engineering. The respondent is claiming that petitioner must have three years experience in an industry, meaning thereby, practical experience of Automobile whereas he is possessing three years experience of teaching. MOHIT KUMAR 2025.07.15 16:05 I attest to the accuracy and integrity of this order/judgment. ` CWP-6048-2025 -4- 7. From the conjoint reading of Entry No.35, 36, 41 & 42, it is evident that respondent has categorically prescribed nature of experience with respect to advertised posts. The post in question was of Rice Mill Manager. The respondent is claiming that three years experience of Automobile Industry can be considered, however, three years teaching experience in Automobile Industry cannot be considered. Experience with respect to different posts has been treated differently. In case of other posts, it has been specifically prescribed that experience should be practical and it should be connected with quality control, production, research, design and development. With respect to post in question, there is no requirement of experience in a reputed Industrial Undertaking/Government Department/Corporation. There is only requirement that experience should be ‘in the line’. The respondent is accepting three years experience with Automobile Industry but rejecting teaching experience in Automobile. Experience of Automobile Industry more or less has no bearing with experience of Rice Mill Industry. The respondent is accepting experience of Automobile Industry which makes it clear that respondent is not claiming that there should be practical experience of Milling Industry. In such circumstances, expression ‘experience in the line’ cannot be interpreted narrowly whereas it should be read liberally. The scope of participation needs to be expanded instead of being squeezed. 8. In the wake of above discussion and findings, this Court is of the considered opinion that instant petition deserves to be allowed and accordingly allowed. Respondents are directed to issue appointment letter to the petitioner for the post of Rice Mill Manager subject to compliance of MOHIT KUMAR 2025.07.15 16:05 I attest to the accuracy and integrity of this order/judgment. ` CWP-6048-2025 -5- other terms and conditions of the advertisement. Let the needful be done within one month from today. (JAGMOHAN BANSAL) JUDGE 15.07.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2025.07.15 16:05 I attest to the accuracy and integrity of this order/judgment.