STATE OF HARYANA AND ANR. versus ABDUL GAFFAR KHAN AND ANR.

Citation: [2006] SUPP. 7 S.C.R. 198 · Decided: 11-10-2006 · Supreme Court of India · Bench: AR. LAKSHMANAN · Disposal: Dismissed
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Judgment (excerpt)

A 
STATE OF HARY ANA AND ANR. 
v. 
ABDUL GAFF AR KHAN AND ANR. 
OCTOBER 11, 2006 
B 
[DR. AR. LAKSHMANAN AND AL TAMAS 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 
for the Appellants. 
M.Z. Chaudhary, Ranjeet Kumar, Shoaib Ahmad Khan, Rameshwar Prasad 
Goyal and B.K. Satija for the Respondents. 
The Judgment of the Court was delivered by 
DR. AR. LAKSHMANAN, J. Leave granted. 
c 
D 
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 
A 
B 
c 
D 
200 
SUPREME COURT REPORTS [2006] Sl.PP. 7 S.C.R. 
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. 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." 
Haryana
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