IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 134 CWP-22668-2026 (O&M) Date of Decision:- 23.07.2026 Tarun Mehlawat and anothers … PeƟƟoners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Rahul Yadav, Advocate for the peƟƟoners. Mr. Harish Kumar Nain, DAG, Haryana. ***** NIDHI GUPTA, J . Present Civil Writ PeƟƟon under ArƟcles 226/227 of the ConsƟtuƟon of India has been filed by the peƟƟoner for issuance of a writ in the nature of CerƟorari quashing the impugned communicaƟon dated 13.07.2026 (Annexure P-5) declaring the peƟƟoners ineligible for the Divisional Fire Officer Course solely on the ground of non-compleƟon of the StaƟon Officer Course, being illegal, arbitrary and in gross violaƟon of the seƩled principles of law; and to issue a writ in the nature of Mandamus direcƟng the respondents to consider and sponsor the peƟƟoners for the Divisional Fire Officer Course in accordance with the Haryana Fire (Group B & C) Services Rules, 2016 (hereinaŌer ‘the 2016 Rules’), or, in the alternaƟve, by treaƟng the peƟƟoners' qualificaƟons of B.Tech. in Fire Technology & Safety Engineering and B.E. in Fire NEELAM KUMARI 2026.07.24 17:17 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-22668-2026 (O&M) - 2 - Engineering as a higher and equivalent qualificaƟon for the said purpose. 2. It is inter alia submiƩed by ld. counsel for the peƟƟoners that the peƟƟoners had successfully passed B.Tech. in Fire Technology and Safety Engineering ExaminaƟon from a duly recognized InsƟtuƟon. Thus, peƟƟoners possess a professional engineering degree in Fire Technology, which is a higher technical qualificaƟon in the field of engineering. Subsequently, the peƟƟoners were selected through a process of direct recruitment and were appointed as Fire StaƟon Officer vide appointment leƩer dated 07.02.2024 (Annexure P-1) under the Haryana Fire (Group B and C) Service Rules, 2016. 3. Ld. counsel submits that the peƟƟoners were appointed as they fulfilled every prescribed qualificaƟon under the statutory rules; and aŌer their educaƟonal qualificaƟons and other eligibility condiƟons were duly verified. ThereaŌer, peƟƟoners have been conƟnuously and saƟsfactorily discharging their duƟes and bear an unblemished service record. The peƟƟoners had also passed the prescribed departmental examinaƟon and were declared successful vide result of departmental test dated 19.09.2025 (Annexure P-3). 4. ThereaŌer, respondent No. 3 invited nominaƟon of eligible Fire StaƟon Officers for admission to the Divisional Fire Officer Course conducted by respondent No. 3 which was commencing from 20.07.2026 to 18.12.2026 as evident from the Rules for Admission issued by the NaƟonal Fire Service College, Rajnagar, Nagpur, for professional training programs (Annexure P-6). 5. Ld. Counsel contends that the peƟƟoners possessed the requisite qualificaƟon, being directly recruited Fire StaƟon Officers and possessing the prescribed engineering qualificaƟon, and having qualified the departmental NEELAM KUMARI 2026.07.24 17:17 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-22668-2026 (O&M) - 3 - examinaƟon, peƟƟoners were enƟtled to be considered for nominaƟon to the said course. However, vide the impugned communicaƟon dated 13.07.2026 (Annexure P-5), the peƟƟoners were declared ineligible for the said course on the ground that peƟƟoners had not undergone the StaƟon Officer Course. 6. Ld. counsel contends that the impugned acƟon is wholly arbitrary; as also contrary to the Rules, 2016, as no provision of the statutory rules requires a person directly appointed as Fire StaƟon Officer, to first undergo the StaƟon Officer course before becoming eligible for Divisional Fire Officer Course. 7. Accordingly, peƟƟoner No. 1 had submiƩed a request leƩer dated 16.07.2026 (Annexure P-7); to which no reply has been received Ɵll date. 8. Ld. counsel argues that the peƟƟoners were direct recruits and had never been appointed through promoƟon and were possessing the engineering qualificaƟon prescribed by the statutory rules, and also fulfilled the qualificaƟon menƟoned in the AdverƟsement No. 3/2023, Category No. 140/Fire StaƟon Officer (Annexure P-8). Ld. Counsel submits that the respondents have failed to appreciate that direct recruits and promotees consƟtute separate classes under the recruitment rules and cannot be subjected to idenƟcal eligible condiƟons, unless the rules specifically provide so. 9. It is further submiƩed that the staƟon officer course is essenƟally a departmental professional training course generally intended for officers who rise through channels. The peƟƟoners, having already entered service through direct recruitment based upon their engineering qualificaƟon, cannot be compelled to undergo such course unless expressly required by law. It is argued NEELAM KUMARI 2026.07.24 17:17 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-22668-2026 (O&M) - 4 - that the respondents themselves accepted the peƟƟoners’ B.Tech and B.E. qualificaƟon is sufficient for appointment as fire staƟon officer. Having accepted the said qualificaƟon for direct recruitment, the respondent cannot subsequently insist upon an addiƟonal qualificaƟon. Especially in view of the fact that the peƟƟoners admiƩedly possess a qualificaƟon higher than what is required for direct recruitment to post of Divisional Officer. 10. Accordingly, prays that issue a writ in the nature of CerƟorari quashing the impugned communicaƟon dated 13.07.2026 (Annexure P-5), the peƟƟoners have been declared ineligible for the Divisional Fire Officer Course, solely on the ground of non-compleƟon of the staƟon officer course; and also to issue a writ in the nature of mandamus, direcƟng the respondents to treat the peƟƟoners as eligible for the Divisional Fire Officer course in accordance with the Haryana Fire (Group B & C) Services Rules, 2016, keeping in view their appointment by direct recruitment as fire staƟon officers and their higher qualificaƟon of B.Tech in fire technology and safety engineering/BE, in fire engineering, and consequently sponsor/permit them to undergo the said course. 11. Per contra, ld. State counsel has opposed the submissions advanced on behalf of the peƟƟoners. Ld. State counsel has drawn the aƩenƟon of this Court to the statutory Rules for Admission (Annexure P-6) issued by the NaƟonal Fire Service College/NFSC, wherein the requisite qualificaƟons are menƟoned, which includes compleƟon of course of StaƟon Officer. It is accordingly prayed that the writ peƟƟon be dismissed. NEELAM KUMARI 2026.07.24 17:17 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-22668-2026 (O&M) - 5 - 12. No other argument is made on behalf of learned counsel for the parƟes. I have heard ld. counsel and perused the case file and record in detail. I find no merit in the submissions advanced on behalf of the peƟƟoners. 13. The peƟƟoner was appointed as Fire StaƟon Officer through Haryana Staff SelecƟon Commission AdverƟsement No. 3/2023. As per Category No. 140/ Fire StaƟon Officer amended Appendix B issued by the Haryana Staff SelecƟon Commission (Annexure P-8), essenƟal qualificaƟon for posts falling in Category 140/ Fire StaƟon Officer are shown as follows: - 14. Reading of the above shows that in Clause (i), besides the other educaƟonal qualificaƟons menƟoned therein, it is also sƟpulated that the NEELAM KUMARI 2026.07.24 17:17 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-22668-2026 (O&M) - 6 - incumbent should possess a: “Diploma in Fire StaƟon Officer’s and Instructor's Course from NaƟonal Fire Service College, Nagpur ...” is necessary. 15. However, it is not disputed by ld. Counsel for the peƟƟoner that, as per the Rules for Admission (Annexure P-6) issued by the NaƟonal Fire Service College, Nagpur under the Ministry of Home Affairs, eligibility criteria prescribed for Divisional Officers/ Departmental Nominated Candidates, is as follows: - “Divisional Officers: - 1) Departmental Nominated Candidate: - Shall have successfully completed StaƟon Officers Course/StaƟon Officers & Instructors Course from NFSC.”. 16. Thus, the eligibility criteria prescribed for a departmentally nominated candidate, such as the peƟƟoners, is successful compleƟon of StaƟon Officer Course/StaƟon Officers and Instructors Course from NFSC. AdmiƩedly, peƟƟoners have not completed the StaƟon Officer Course, which is a mandatory requirement for nominaƟon/admission to the Divisional Fire Officer Course. 17. In this admiƩed posiƟon, contenƟon of the peƟƟoner that he possesses higher educaƟonal qualificaƟon than the prescribed educaƟonal qualificaƟon for direct recruitment as Divisional Officer, is of no help to the peƟƟoners. 18. Even otherwise, Hon’ble Supreme Court in Himakshi vs. Rahul Verma, (SC): Law Finder Doc ID # 2885749 decided on 20.04.2026 has held that: “EssenƟal qualificaƟons such as minimum work experience must be strictly adhered to - Higher academic qualificaƟon cannot override or subsƟtute essenƟal eligibility criteria." XXXXX NEELAM KUMARI 2026.07.24 17:17 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-22668-2026 (O&M) - 7 - A. Recruitment and PromoƟon Rules-Rule 7 and Rule 18-EssenƟal qualificaƟons for the post of Computer Hardware Engineer included 5 years' work experience in a reputed computer manufacturing/maintenance company- Held, possession of a higher academic qualificaƟon such as M.Tech does not subsƟtute or override the essenƟal qualificaƟon of work experience - RelaxaƟon of essenƟal qualificaƟons is permissible only when exercised consciously with reasons recorded in wriƟng-SelecƟon made without adherence to these principles is unsustainable. XXXXXX 38. In view of the above, this Court is of the considered view that the requirement of "at least five years' experience in computer manufacturing/ maintenance company of repute", being an essenƟal qualificaƟon, was required to be fulfilled as on the relevant date. A candidate not fulfilling such requirement could not have been treated as eligible merely on the basis of possessing a higher degree or securing a higher rank in merit. The record clearly indicates that the selected candidate, at the Ɵme of submission of her applicaƟon for the purpose of selecƟon, possessed work experience of only about one year, as is evident from the applicaƟon status and supporƟng documents furnished by her during the selecƟon process. In such circumstances, the possession of 'M.Tech degree in Electronics and CommunicaƟon', which is a preferenƟal qualificaƟon under the R&P Rules, could not have been relied upon to either confer eligibility or to jusƟfy any relaxaƟon of the essenƟal requirement. The mere possession of such a higher academic degree does not, by itself, render a candidate "otherwise eligible or well qualified" without meeƟng the requirement of experience within the meaning of the R&P Rules, parƟcularly when the basic eligibility criteria itself remains unfulfilled. Any such approach would amount to subsƟtuƟng the minimum qualificaƟon with a preferenƟal one, which is impermissible. The selecƟon of the appellant on such basis, therefore, reflects a clear non-applicaƟon NEELAM KUMARI 2026.07.24 17:17 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-22668-2026 (O&M) - 8 - of mind to the disƟncƟon between essenƟal and preferenƟal qualificaƟons and renders any purported relaxaƟon fundamentally flawed.” 19. Keeping in view the aforesaid factual and legal posiƟon, the present writ peƟƟon stands dismissed. 20. Pending applicaƟon(s), if any, also stands disposed of. ( NIDHI GUPTA ) 23.07.2026 JUDGE Neelam Whether speaking /reasoned Yes / No Whether Reportable Yes / No NEELAM KUMARI 2026.07.24 17:17 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh