STATE OF HARYANA Vs. ABDUL GAFFAR KHAN
LAWS(SC)-2006-10-78
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on October 11,2006

STATE OF HARYANA Appellant
VERSUS
ABDUL GAFFAR KHAN Respondents


Cited Judgements :-

MEENU DEVI VS. STATE OF U P [LAWS(ALL)-2007-3-218] [REFERRED TO]
M BOOPALA MURALIDHARAN VS. TAMIL NADU ELECTRICITY BOARD [LAWS(MAD)-2009-12-141] [REFERRED TO]
LORIND LALTHANNGURI VS. STATE OF MIZORAM [LAWS(GAU)-2012-4-81] [REFERRED TO]
NISSAR AHMAD DAR VS. STATE OF J AND K [LAWS(J&K)-2013-8-34] [REFERRED TO]
ROBIN CHANDRA KALITA VS. INDIAN OIL CORPORATION LTD. AND ORS. [LAWS(GAU)-2014-9-44] [REFERRED TO]
SANGRAM S/O RAMDAS GHOLVE VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2016-7-41] [REFERRED TO]
UTTARANCHAL PEY JAL SANSADHAN VIKAS EVAM NIRMAN NIGAM VS. S N NAUTIYAL [LAWS(UTN)-2011-5-13] [REFERRED TO]
VIVEK SINGH VS. STATE OF U.P [LAWS(ALL)-2013-2-18] [REFERRED TO]
ABHA TRIPATHI VS. STATE OF U P [LAWS(ALL)-2016-9-141] [REFERRED]
RANJEET SINGH VS. UNION OF INDIA [LAWS(MEGH)-2018-8-2] [REFERRED TO]
FIRDOUS AHMAD GANAI VS. STATE OF J&K [LAWS(J&K)-2018-10-112] [REFERRED TO]
DEEPAK SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-7-212] [REFERRED TO]
STATE OF UTTAR PRADESH VS. AAKASH VERMA [LAWS(ALL)-2021-8-122] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)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.
(3.)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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