114 IN THE HIGH COURT OF PUNJAB AND HARYANA AT POONAM AND ANOTHER STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE Present Mr. for the Mr. Saurabh Mohunta, DAG, Haryana. * ASHWANI KUMAR MISHRA 1. This Writ Petition seeks to challenge the vires of the Haryana Forensic Science Group Forensic Science (Group it excludes the requirement of Post to the post of Senior Scientific Officer (Cyber Forensics). 2. It is urged that the the advertisement is arbitrary. 3. I the Constitution of India, Forensic Science creation of cadre for various posts including the post of Senior Scientific Officer (Cyber Forensics). T Schedule to the Rules IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: POONAM AND ANOTHER V STATE OF HARYANA AND OTHERS HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON'BLE MR. JUSTICE KULDEEP TIWARI Mr. Prateek Rathee, Advocate for the petitioners. Mr. Saurabh Mohunta, DAG, Haryana. **** ASHWANI KUMAR MISHRA, J. (Oral) This Writ Petition seeks to challenge the vires of the Haryana Forensic Science Group-B Service Rules, 1980 Forensic Science (Group-B) Service (Amendment) Rules, 2012] it excludes the requirement of Post Graduation in Forensic to the post of Senior Scientific Officer (Cyber Forensics). It is urged that the prescription of qualification in the Rules and the advertisement is arbitrary. In exercise of the powers under the the Constitution of India, the Governor has made Rules know Forensic Science (Group-B) Service Rules, 1980 creation of cadre for various posts including the post of Senior Scientific Officer (Cyber Forensics). The qualification for the Schedule to the Rules of 1980, which are as under: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-21042-2025 (O&M) Date of Decision: 25th July, 2025 .…...Petitioner(s) V/s. ......Respondent(s) ASHWANI KUMAR MISHRA KULDEEP TIWARI Mr. Saurabh Mohunta, DAG, Haryana. This Writ Petition seeks to challenge the vires of the Haryana s, 1980 [as amended by Haryana B) Service (Amendment) Rules, 2012], insofar as Graduation in Forensics for appointment to the post of Senior Scientific Officer (Cyber Forensics). scription of qualification in the Rules and powers under the proviso to Article 309 of the Governor has made Rules known as “Haryana Service Rules, 1980”. These Rules provide for creation of cadre for various posts including the post of Senior Scientific he qualification for the post is specified in the are as under:- SURESH KUMAR 2025.07.31 09:19 I attest to the accuracy and integrity of this document CWP-21042-2025 (O&M) 13. Senior Scientific Officer (Cyber Forensics) (i) M.Sc. (Computer Science)/ Master in Computer Application (MCA) with Ist Division from a recognized university OR Bachelor in Engineering (Computer Science) with Ist Division from a recognized university. (ii) 3 years experience in Cyber Forensics in a recognized institute. (iii) Hindi/Sanskrit upto Matric standard or Higher education. Desirable: Experience of working in a Forensic Science Laboratory. 4. The advertisement has now been issued for inviting applications for the post of Senior Scientific Officer (Cyber Forensics). The petitioners are aggrieved by the exclusion of Forensic Sciences as one of the permissible qualification for the post. The qualification held by the petitioners is Master Degree in Forensic Sciences. 5. Learned counsel for the petitioners fervently urges that the exclusion of Forensics as a subject in Post Graduation for the post is wholly irrational and arbitrary. 6. The submission (supra) is opposed by Mr. Saurabh Mohunta, DAG, Haryana. 7. The advertisement under challenge in this petition is in accordance with the prescription of qualification under the Rules. The post in question is Senior Scientific Officer (Cyber Forensics). The qualification required for the post is M.Sc. (Computer Science)/Master in Computer SURESH KUMAR 2025.07.31 09:19 I attest to the accuracy and integrity of this document CWP-21042-2025 (O&M) Application (MCA) with Ist Division or Bachelor in Engineering (Computer Science) with Ist Division from a recognized university. In addition to the aforesaid qualifications, a candidate must have 3 years experience in Cyber Forensics in a recognized institute. 8. The post itself requires expert knowledge in the field of Cyber as well as Forensics. For ensuring that the candidate has requisite expertise in the field of Cyber area, the Rules require the candidate to have requisite knowledge in the field of Computers. For knowledge in the field of Forensics the candidate is required to have experience in Cyber Forensics from a recognized institution. The qualification, thus prescribed, adequately takes care of the requirement of work to be performed by the person concerned. It cannot be said that the prescription of qualification is wholly irrational. 9. Law is otherwise settled that in matters of prescription of qualification, it would be the Department or the authority to determine the qualification. Ordinarily, this Court would not be justified in interfering in such matters. It is otherwise not shown that the prescription of qualification is wholly irrational or arbitrary. 10. Insofar as the claim of the petitioners is concerned, though they allege to be experts in the field of Forensics, but their qualification does not meet the requirement of knowledge in the field of Cyber. In such view of the matter, we do not find any substance in the challenge laid to the Rules or the advertisement by the petitioners. Accordingly, the Writ Petition is dismissed. SURESH KUMAR 2025.07.31 09:19 I attest to the accuracy and integrity of this document CWP-21042-2025 (O&M) 11. All pending applications, if any, in this case are disposed of accordingly. [ASHWANI KUMAR MISHRA] JUDGE [KULDEEP TIWARI] JUDGE July 25, 2025 Ess Kay Whether speaking / reasoned : Yes / No Whether Reportable : Yes / No SURESH KUMAR 2025.07.31 09:19 I attest to the accuracy and integrity of this document