Court No. - 4
Case :- WRIT - A No. - 25879 of 2018 Petitioner :- Sudhir Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Nand Kishor Mishra,Shilpa Ahuja Counsel for Respondent :- C.S.C.,Abhishek Srivastava
Hon'ble Vivek Kumar Birla,J.
Heard Sri Nand Kishor Mishra, learned counsel for the petitioner and Sri Priyavarat, learned counsel holding brief of Sri Abhishek Srivastava, learned counsel for the respondent no. 2-Commission and perused the record.
Pleading between the parties have been exchanged and with consent of learned counsel for the parties, present petition is being disposed of at the admission stage itself.
Present petition has been filed with the following prayers:-
"(a) Issue a writ, order or direction in the nature of certiorari quashing the Important Notice/result dated 09.11.2018 issued by the Secretary, Electricity Service Commission, UP Power Corporation Limited/respondent no. 2.
(b) Issue a writ, order or direction in the nature of mandamus directing the respondents to look into the matter of the petitioner and accordingly issue the appointment letter to the petitioner for the post of Junior Engineer.
(c) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider and decide the representation of the petitioner dated 14.11.2018 expeditiously within a period as may be specified by this Hon'ble Court."
Petitioner had applied for the post of Junior Engineer (Electrical) against the advertisement no. 5/VSA/2017-JE (T) and appeared in CBT/Written examination and was shortlisted for document verification. He had applied in the category of Ex-Servicemen and OBC and he obtained normalized score 123.750 and the cut-off score of Ex- Servicemen category was 114.500. However, at the time of document verification it was found that the petitioner is having certificate of Indian Air Force Trade Missile Fitter (Electrical), which is treated to be equivalent to diploma in Electrical Engineering for recruitment to Subordinate posts and services under the Central/State Govt./Govt. undertaking departments recognized by the Govt. of India, Ministry of Defence vide notification no. 48 dated 10.4.1996.
Submission of learned counsel for the petitioner is that since the equivalence has been given, therefore, the petitioner has essential eligibility qualification as given in paragraph 5 of the advertisement. Submission, therefore, is that appointment has been illegally refused to the petitioner.
Per contra, learned counsel for the respondent no. 2- Commission contends that this qualification does not fulfil the requirement of clause 5(B) of the advertisement no. 5 and therefore, the candidature of the petitioner was rightly cancelled and his name rightly did not find place in the select list declared on 9.11.2018. In support of his arguments, he has placed reliance on a judgement of this Court rendered in Sanjay Batra vs. State of UP and Ors., 2015 (3) ALJ 477, wherein it was held that such qualification is not equivalent to the eligibility qualification as per clause 5(B) of the advertisement no. 5.
Both the learned counsels for the parties have drawn attention to various documents annexed with the affidavits.
I have considered the rival submissions and perused the record.
I have gone through the certificate annexed as annexure no. 1 to the rejoinder affidavit. It is being claimed as sufficient or equivalent to cover the requirement of clause 5 of the advertisement. Clause 5 of the advertisement no.
5 annexed as annexure 2 to the petition is quoted as under:
"5. Essential Eligibility Qualification:
(A) Candidates should have thorough knowledge of Hindi (Devnagri script). If the candidate has not passed High School or equivalent examination in Hindi, he/she has to clear an exam conducted by the Registrar, Department Examination Govt. of U.P. within 3 years of joining.
(B) A candidate must have passed:-
(i) "Three years Diploma examination in Electrical Engineering awarded by Pravidhik Shiksha Parishad, Uttar Pradesh or a Diploma, equivalent thereto, recognized by the State Government."
OR
(ii) "Three years All India Diploma Examination in Electrical Engineering conducted by the All India Council for Technical Education (AICTE), Govt. of India."
OR
(iii) "Diploma Examination in Electrical Engineering conducted by any of the Universities in India incorporated by an Act of the Central/State legislature."
In paragraph 3, 4 and 5 of the counter affidavit it has been categorically stated that qualification does not fulfil the requirement of clause 5 of advertisement no. 5. A clarification was also sought from the Director, Technical Education Board on this issue, which was duly replied by the Secretary, Technical Education Board and it was categorically informed that such diploma is not equivalent to the eligibility qualification as required under the advertisement. It is further noticed that this diploma is not three years diploma and therefore, it does not fulfil requirement of clause 5 of the advertisement no. 5.
Identical issue was considered by this Court in Sanjay Batra (supra). Relevant paragraphs of the said judgement are quoted as under:
"27. In view of above, the said decision is of no assistance to the petitioner.
Point-2:- Whether the Diploma held by the petitioner satisfies the requirement of advertisement?
28. The advertisement lays down the essential qualification for the candidates applying to the aforesaid post as under:-
(i) Three years Diploma examination in Electrical Engineering/ Electronics Engineering/ Telecommunication Engineering/ Civil Engineering awarded by Pravidhik Shiksha Parishad, Uttar Pradesh or a Diploma, equivalent thereto, recognized by the State Government, or
(ii) Three years All India Diploma Examination in Electrical Engineering/ Electronics Engineering/ Telecommunication Engineering/ Civil Engineering conducted by the All India Council for Technical Education (AICTE), or
(iii) Diploma Examination in Electrical Engineering/ Electronics Engineering/ Telecommunication Engineering/ Civil Engineering conducted by any of the Universities in India incorporated by an Act of the Central/ State legislature.
29. It may be noted that the petitioner is holding a Diploma in Electronics Radio Communication Engineering which he did from Communication Training Institute (C.T.I.) Banglore. The said Diploma certificate has been issued to him by the Indian Air Force. The duration of the said Diploma course as stated in the certificate is two years i.e.1994-96.
30. In view of the aforesaid certificate it is clear that petitioner is not holding any Diploma of three years which has been issued either by the Pravidhik Shiksha Parishad, or All India Council for Technical Education or any Central or State University. Therefore, the petitioner is not holding a Diploma as envisaged in the advertisement as the minimum qualification for eligibility.
31. In the above circumstances, the only thing which is required to be seen is whether the Diploma which the petitioner is holding is equivalent to the Three Years Diploma awarded by the Pravidhik Shiksha Parishad,Uttar Pradesh.
32. In this connection, it is important to note that the Diploma which the petitioner is holding is of only two years duration and is not of three years. Secondly, there is nothing on record to establish that it has been recognized by the State of U.P. or any other authority equivalent to Three years Diploma examination in Electrical Engineering/ Electronics Engineering/ Telecommunication Engineering/ Civil Engineering awarded by Pravidhik Shiksha Parishad, Uttar Pradesh rather annexure-3 to the counter affidavit which is letter dated 14.10.2011 addressed by the Secretary Pravidhik Shiksha Parishad, Lucknow to the Secretary U.P. Power Corporation on the query made with regard to the similar certificates states that course in respect whereof certificates have been issued are not of three years, the same cannot be regarded as equivalent to the Three year Diploma certificate prescribed as the essential qualification under the advertisement.
33. The recognition to any Diploma as equivalent to Three Years Diploma in the desired subject awarded by Pravidhik Shiksha Parishad has to be by the State of U.P. There is no material to show that the State of U.P. has recognized the Diploma held by the petitioner as equivalent to the Three Years Diploma in the concern subject of the Pravidhik Shiksha Parishad.
34. Learned counsel for the petitioner has placed strong reliance upon the letter of the Secretary to the Government of India dated 31.12.1999 addressed to the Joint Director Directorate Ex-Service Welfare, Chennai which states that the Government of India have recognized the certificate in the Trade of Radio Fitter which is made equivalent to Diploma in Radio/ Electronics and Communication Engineering for the purposes of employment and as such a requesting to recognize it as equivalent to Diploma in Electronics/ Radio Communication Engineering. The said letter do recognize the Diploma certificate in Radio Fitter as equivalent to Diploma in Radio/ Electronics and Communication Engineering but this recognition is only by the Government of India and not by the Government of U.P. The requirement of equivalency has to be by the State Government."
Perusal of the aforesaid paragraphs clearly indicates that this Court has also held that such diploma and recognition thereof is only by the Government of India and not by the Government of UP and that the requirement of equivalence has to be by the State Government. It is not in dispute that such equivalence has not been accorded by the State Government.
In such view of the matter, I do not find any good ground to interfere in the order impugned herein.
Present petition lacks merit and is accordingly dismissed. No order as to costs.
Order Date :- 7.1.2021 Abhishek