118 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-23855-2025 Date of decision: 19.08.2025 Harjinder Singh ....Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Naveen Batra, Advocate for the petitioner. Mr. Vikas Arora, DAG, Punjab. Ms. Priya Jarial, Advocate for Mr. Abhilaksh Gaind, Advocate for respondent No.3-PPCB. HARPREET SINGH BRAR, J. (ORAL) The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondents to consider the candidature of petitioner for the post of Scientific Assistant (BC Category) being eligible as per the qualifications as sought under advertisement (Annexure P-1). Learned counsel for the petitioner has raised a specific ground in the instant writ petition that respondent No.4 does not fulfil the essential qualification mentioned in the advertisement. Pursuant to issuance of advertisement on 01.08.2024, the merit list was published in which the result of respondent No.4-Jaipreet Singh was withheld and petitioner is next in the order of merit in BC Category. The petitioner has filed a detailed representation (Annexure P-9) and has pleaded that petitioner fulfils the requisite essential qualification as he has obtained a three year full time regular degree in Basic Science. On the other hand, respondent No.4 has Bachelor degree in Bio- Technology which is entirely a different course and cannot be equated in any manner with the degree obtained in Basic Science or Life Science or Environmental Science. Further, respondent No.4 has obtained the degree Neha 2025.08.20 19:17 I attest to the accuracy and integrity of this document CWP-23855-2025 -2- through distant education. He further relies upon judgment rendered by the Hon’ble Supreme Court in ‘K. Manjushree Vs. State of A.P. and another’ (2008) 3 SCC 512 and judgment of the Delhi High Court passed in ‘Himani Malhotra Vs. Indraprastha College of Women and another’ WP (C) No.5563 of 2017 decided on 21.07.2017 and submits that after the conclusion of the selection process, the criteria and eligibility cannot be changed. As per the advertisement, the essential qualification required for the post of Scientific Assistant was as under: ‘"Atleast B.Sc. degree or M.sc degree in Basic Science or Life Science or Environmental Science or Micro-biology from recognized university/institution. Knowledge of Computer: The Candidate must have undergone a computer course for Six month duration from a repute institute.”’ The learned State counsel for respondents No.1 & 2 could not controvert the fact that initially, the result of respondent No.4 was withheld. However, an expert committee was constituted by the Punjab Pollution Prevention Board and some decision in the matter has been taken. Keeping in view the controversy involved in the present case, this petition is disposed of without commenting further on the merits of the case. Respondents are directed to treat the present writ petition as a representation and pass a speaking order after dealing with the specific objections raised by the petitioner within a period of two weeks from the date of receipt of certified copy of this order, after affording an adequate opportunity to be heard to him. Further, the decision taken thereof shall be conveyed to the petitioner. Needless to say, if the petitioner is found entitled to the relief sought, the same shall be granted forthwith by the respondent. (HARPREET SINGH BRAR) JUDGE 19.08.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.08.20 19:17 I attest to the accuracy and integrity of this document