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CASE NO.: Appeal (civil)  4447 of 2006

PETITIONER: STATE OF HARYANA & ANR.                           

RESPONDENT: ABDUL GAFFAR KHAN & ANR.                             

DATE OF JUDGMENT: 11/10/2006

BENCH: Dr.AR.LAKSHMANAN & ALTAMAS KABIR

JUDGMENT: J U D G M E N T  (Arising out of SLP(C) No.13987/2005) WITH

CIVIL APPEAL NO.4456 OF 2006  (Arising out of SLP(C) No.14004/2005)

Dr.AR.LAKSHMANAN, J.

       Leave granted.         Civil Appeal No.4447/2006 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 passed by the High Court of Punjab & 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 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. 114-115, Sector - 8/C, 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 1,BC-A 2,BC-B 2,ESM           (General) 2, ESM SC-B 1, ESM BC-B 1.            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 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.

             The Respondent No.1 who is possessing the  qualification of Bachelor of Unani Medicine and Surgery from  Kanpur University apart from Matric with Hindi and 10+2 with  Science, applied in response to the abovementioned  advertisement against one of the posts reserved for backward  class category."

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                                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 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 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 establish by law in India having the  knowledge of Urdu; ii      Matric or its equivalent. iii     Knowledge of Hindi and English upto Matric standard."

               Aggrieved against the order passed by the State, the respective  respondents filed Writ Petitions in the High Court to quash the action of  the 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.  Aggrieved by the said order, the State of  Haryana has preferred the above appeals in this 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, 1997, they do not  expressly exclude 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 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.