KRISHAN KUMAR, ASSISTANT SECRETARY, MARKET COMMITTEE, BHIWANI, DISTRICT BHIWANI, (HARYANA) versus HARYANA STATE AGRICULTURAL MARKETING BOARD, PANCHKULA THROUGH ITS CHIEF SECRETARY.

Citation: [1997] 3 S.C.R. 471 · Decided: 31-03-1997 · Supreme Court of India · Bench: K. RAMASWAMY, D.P. WADHWA · Disposal: Leave Granted & Allowed
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Judgment (excerpt)

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KRISHAN KUMAR, ASSISTANT SECRETARY, MARKET 
A 
COMMITTEE, BHIWANI, DISTRICT BHIWANI, (HARYANA) 
v. 
HARYANA STATE AGRICULTURAL MARKETING BOARD, 
PANCHKULA THROUGH ITS CHIEF SECRETARY. 
MARCH 31, 1997 
[K. RAMASWAMY AND D.P. WADHWA, JJ.) 
! 
I 
Service Law-Appointment-Tennination on the ground of not possess-
B 
ing requisite qualification-Validity of-Haryana State Ag1icultural Marketing C 
Board-Recruitment of Assistant Secretary-Prescribed qualificatio11s-Re-
quire111ent of three years' experience in Govemment office or Semi Govem-
ment body-Appointment of appella11t-Expe1ience Ceitificate submitted by 
him-Not found that of Semi-Govemment body-Consequential tennination 
of appointment-Writ challenging Te1111i11atio11 Order-Dismissal by High D 
Court-AppeaHfeld, ·the High Cowt order does not suffer from any illegality 
for the reason that as 011 the date of application for selection appellant did 
not have the prescribed 3 years expeiience as required by the Rules-Appellant 
has gained sufficient expe1ience but is now baJTed by ag~In these circumstan-
ces respondent directed to reconsider the matter afresh and take appropriate 
decision to appoint him as assistant Secretaiy. 
E 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2782 of 
1997. 
From the Judgment and Order dated 29.5.96 of the Punjab & 
Haryana High Court in C.W.P. No. 16133 of 1995. 
F 
Sudhir Walia and M.S. Dahiya for the Appellant. 
B.S. Chahar and Vinay Garg for the Respondent. 
The following Order of the Court was delivered : 
Leave Granted. 
This appeal by special leave arises from the judgment of the Division 
Bench of the Punjab and Haryana High Court, made on May 29, 1996 in 
G 
CWP No. 16133/95. 
H 
471 
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A 
B 
c 
D 
472 
SUPREME COURT REPORTS 
[1997] 3 S.C.R. 
The admitted position is that an advertisement was published by the 
respondent for recruitment to the post of Assistant Secretary of the 
Haryana State Agricultural Marketing Board. Out of 11 posts notified for 
recruitment, six posts were reserved for general candidates, 3 posts for 
Scheduled Caste~ and 2 posts for Other Backward Classes. Pursuant 
thereto, the appellant had appealed for consideration of his claim for 
appointment. The qualifications prescribed ut1der the Haryana State 
Agricultural Marketing Board Service Rules, 1974 (for short, the 'Rules') 
are thus: 
"(1) Graduate of recognised University; and 
(2) Adequate knowledge of the Punjab Agricultural Produce 
Marketing Act, Rules and Regulations; and 
(3) At lease three years experience in Government office/Semi 
Government Body." 
The appellant had the experience of working in Haryana Warehous-
ing Corporation (i) from 6.10.1984 to 4.1.1985, (ii) from 7.1.1985 to 
31.3.1985, (iii) from 6.5.1985 to 28.7.1985, (iv) from 30.7.1985 to 29.10.1985 
and (v) from 2.11.1985 to 5.12.1985. He also had the experience of working 
E in Hissar National Cooperative House Building Society Ltd., Hissar be-
tween 24.4.1988 and 30.4.1991. On the basis thereof, he was selected and 
appointed. He joined duty on August 1, 1992. Subsequently, Writ Petition 
No. 161/95 was filed and by judgment dated January 2, 1995, the High 
Court directed the Board to examine whether the appointments were duly 
made and appointees were duly qualified in accordance with the rules. It 
F was directed further that in case, the candidates were. not qualified, the 
appointments must be deemed to have been set aside. In furtherance 
thereof, a notice was given to the appellant to produce the record. Accord-
ingly, the appellant produced the record. The authority considered the 
same and held thus : 
G 
H 
"Shri Krishna Kumar, respondent No. 6 has produced the ex-
perience certificate of the Hissar National Cooperative House 
Building Society Ltd., Hissar where he has worked as Accountant-
cum-clerk from 24.4.1988 to 30.4.1991. His appointment is also 
subject to verification of the experience certificate submitted by 
him. In case, the experience certificate is not found genuine as per 
KRISHAN KR. ASSTI. SECY v. H.S.A. MKTG. BD. 
473 
rules, the Board reserves the right to cancel his appointment." 
A 
It is stated that they have examined the certificate and found it to be 
genuine but Hissar Cooperative House Building Society was not found to 
be a Semi-Government Society. No contribution of the Government fund 
was made to the society. Therefore, he was not eligible to be appointed. 
Accordingly, his appointment came to be terminated. Calling that order in B
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