STATE OF HARYANA AND ANR.versusABDUL GAFFAR KHAN AND ANR.

A                        STATE OF HARY ANA AND ANR.
                                     v.
                        ABDUL GAFF AR KHAN AND ANR.

                                 OCTOBER 11, 2006

B             [DR. AR. LAKSHMANAN AND ALTAMAS KABIR, JJ.]


         Service Law:

C         Haryana Ayurvedic!Homeopathic and Unani Technical Group (C)
    Service Rules, I 997:

           Unani Dispenser-Appointment-Educational qualification-
    Candidates having degree of Bachelor of Unani Medicine and Surgery denied
    appointment on the ground that they did not possess Diploma in Unani
D    Dispenser-Held, the Rules do not expressly exclude the degree in Unani
     Medicine and Surgery-The advertisement also did not stipulate Diploma as
     the required qualification-Respf:!ndents possessing required qualification
    from a recognized University, were eligible for appointment.

          The appellant-State issued an advertisement for the post of Unani
E   Dispenser. Respondent no. I in both the appeals, having degree of Bachelor
    of Unani Medicine and Surgery, applied for the post. The State Staff Selection
    Commission declared the result recommending the selected candidates. Both
    the respondents were amongst the selected candidates, but they were denied
    appointment on the ground that they did not possess'Diploma in Unani
F   Dispenser or Up-Vaidya. However, their writ petitions were allowed by the
    High Court. Aggrieved, the State Government filed the present appeals.

          Dismissing the appeals, the Court

          HELD: The High Court has rightly pointed out that Haryana Ayurvedic/
G Homeopathic and Unani Technical Group (C) Service Rules, 1997 do not
    expressly exclude the degree in Unani Medicine and Surgery for the post of
    Unani Dispenser. Admittedly, the contesting respondents possess required
    qualifications from a recognized University/Institution or Board and are, thus,
    eligible for appointment to the posts of Unani Dispenser. A close scrutiny of
H   the advertisement issued shows that it does not anywhere stipulate the Diploma
                                         198
     STATEOFHARYANAv. ABDULGAFFARKHAN [LAKSHMANAN . .I.) 199

 as the required qualification. Therefore, the order passed by the High Court    A
 is affirmed and the appellant-State is directed to appoint the respondents to
 the post of Unani Dispenser.1201-B-DJ

      CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4447 of2006.

      From the Judgment and final Order dated 11.4.2005 of the High Court        B
of Punjab and Haryana at Chandigarh in C.W.P. No. 15043/2004.

                                    WITH

      C.A. No. 4456 of2006.

      Manjit Singh, A.A.G. Balwant S Malik, Harikesh Singh and T.V. George
                                                                                 c
for the Appellants.

     M.Z. Chaudhary, Ranjeet Kumar, Shoaib Ahmad Khan, Rameshwar Prasad
Goyal and B.K. Satija for the Respondents.
                                                                                 D
      The Judgment of the Court was delivered by

      DR. AR. LAKSHMANAN, J. Leave granted.

       Civil Appeal No.444 7/2006 arising out of SLP (C) No.13987 /2005 was
filed by the State of Haryana against the judgment and final order dt.11.04.2005 E
passed by the High Court of Punjab and Haryana in CWP No.15043/2004.
Likewise, the State of Haryana has also filed Civil Appeal No.4456/2006
arising out of SLP(C) No.14004/2005 against the judgment and order
dt.11.04.2005 passed by the said High Court in CWP No.20279/2004.

      We have heard learned senior counsel for the State of Haryana and the      F
learned counsel appearing for the respective respondents in both the Civil
Appeals. We have also perused the order impugned in these appeals and the
advertisement issued by the Haryana Staff Selection Commission. The
advertisement reads as under :-

       "Haryana Staff Selection Commission S.C.O.No. I 14-115, Sector-8/C,       G
       Chandigarh Advertisement No.7/2003

       Last Date of Submission of the Applications 7.11.2003

       Category No.14-20 Posts of Unani Dispenser (General-9,SC-A 2,SC-B
       !,BC-A 2,BC-B 2,ESM (General) 2, ESM SC-B I, ESM BC-B I. H
    200                      SUPREME COURT REPORTS [2006] Sl.PP. 7 S.C.R.

A          Educational Qualification

                     (i) Unani Dispenser from any recognized University/
                     Institution or Board or Faculty of Indian System of Medicine
                     establish by law in India or Up-Vaidya of any recognized
                     University/Institution or Board or Faculty of Indian System
B                    of Medicine established by law in India having the knowledge
                     of Urdu;

                     (ii) Matric or its equivalent.

                     (iii) Knowledge of Hindi and English upto Matric standard.
c                The Respondent No. I who is possessing the qualification of
            Bachelor of Unani Medicine and Surgery from Kanpur University
            apart from Matric with Hindi and IO+2 with Science, applied in response
            to the abovementioned advertisement against one of the posts reserved
            for backward class category."
D
          Haryana Staff Selection Commission declared the result on 27.07.2004
    recommending names of selected candidates including two candidates in the
    reserved category of Backward Class-B. The respondents in both these appeals
    were amongst the selected candidates. The respondents in both these appeals
    were denied appointment for the reason that they were not possessing Diploma
E   in Unani Dispenser or Up-Vaidya from a recognized University/Institution of
    Board which was the prescribed qualification for the post of Unani Dispenser
    under the Haryana Ayurvedic/Homeopathic and Unani Technical Group (C)
    Service Rules, 1997. According to the learned senior counsel for the appellants,
    the qualifications prescribed for the post of Unani Dispenser in these service
F   Rules i.e. Haryana Ayurvedic/Homeopathic and Unani Technical Group (C)
    Service Rules, 1997 read as under :-

            "(i) Unani Dispenser from any recognized University/Institution or
            Board or Faculty of Indian System of Medicine established by law in
            India or Up-Vaidya of any recognized University/Institution or Board
            of Faculty of Indian System of Medicine established by law in India
G
            having the knowledge of Urdu.

            (ii) Matric or its equivalent.

            (iii) Knowledge of Hindi and English upto Matric standard."

H         Aggrieved against the order passed by the State, the respective
       STA TE OF HARY ANA v. ABDUL GAFF AR KHAN [LAKSHMANAN. J.] 20]

respondents filed Writ Petitions in the High Court to quash the action of the    A
State to deny the appointment to them as Unani Dispenser. The High Court
by its order dt. 11.04.2005 allowed the Writ Petitions filed by the respective
respondents and directed the State to offer appointment to both the contesting
respondents in these Civil Appeals on the posts of Unani Dispenser within
a period of one month from the date of receipt of certified copy of the order.   B
Aggrieved by the said order, the State of Haryana has preferred the above
appeals in th is Court.

       We have perused the order passed by the High Court. As rightly
pointed by the High Court and as per Haryana Ayurvedic/Homeopathic and
Unani Technical Group (C) Service Rules, I 997, they do not expressly exclude    C
the degree in Unani Medicine and Surgery for the post of Unani Dispenser.
 Admittedly, the respective contesting respondents in these appeals possess
 required qualifications from a recognized University/Institution or Board and
are thus, in our opinion, eligible for appointment to the posts of Unani
Dispenser. A close scrutiny of the advertisement issued does not anywhere
stipulate the diploma as the required qualification. We, therefore, affirm the   D
order passed by the High Court and direct the appellant-State of Haryana to
appoint the respective respondents to the posts of Unani Dispenser within
a period of one month from the date of receipt of the order from this Court
or on production of the same by the respective respondents herein whichever
is earlier. The appeals are accordingly dismissed. There shall be no order as
to costs.

R.P.                                                    Appeal dismissed.