Central Administrative Tribunal - Delhi
Praveen Kumar vs Delhi Metro Rail Corporation, Govt. Of ... on 17 February, 2020
OA No. 3747/2016
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA No. 3747/2016
Page | 1
Reserved on: 06/02/2020
Pronounced on: 17.02.2020
Hon'ble Mr. S. N. Terdal, Member (J)
Hon'ble Mr. Mohd. Jamshed, Member (A)
1. Praveen Kumar,
S/o S. K. Vidhyarthi,
Aged 26 yrs.,
R/o H.No. - 116, Gali No. 03,
Tukhmirpur Extension,
Delhi - 110094.
Group - C.
2. Ravinder,
S/o Sh. Suresh,
Aged 26 yrs.,
R/o Railway Road Ganaur,
Near Corporation Bank Ganaur,
Ganaur, Haryana-131101.
Group-C.
...Applicants
(By Advocate: Mr. Sagar Saxena)
Versus
1. Delhi Metro Rail Corporation Ltd.,
Through its Managing Director,
8th Floor, Metro Bhawan,
Fire Brigade Lane, Barakhamba Road,
New Delhi - 110001.
2. Union of India,
Through its Secretary,
Ministry of Urban Development,
Nirman Bhawan,
Maulana Azad Road,
New Delhi - 110011.
OA No. 3747/2016
3. Ministry of Skill Development &
Entrepreneurship,
Through its Secretary,
2nd Floor, Annexe Building,
Shivaji Stadium, Page | 2
Shaheed Bhagat Singh Marg,
Cannaught Place,
New Delhi - 110001.
4. Directorate General of Training (DGT),
Ministry of Skill Development &
Entrepreneurship,
Through its Director,
2nd Floor, Annexe Building,
Shivaji Stadium,
Shaheed Bhagat Singh Marg,
Cannaught Place,
New Delhi - 110001.
5. Department of Training & Technical Education,
Government of NCT of Delhi,
Through its Secretary,
Muni Maya Ram Marg,
Pitam Pura,
Delhi - 110088.
6. Government of NCT of Delhi,
Through its Chief Secretary,
Delhi Secretariat,
Players Building, I.P. Estate,
New Delhi - 110002.
...Respondents
(By Advocate: Mr. V.S.R. Krishna, Mrs. Anupama
Bansal, Mr. Amit Anand, Mr. Sunny Tomar for Mr.
R. K. Sharma and Mr. Alok Kumar for Mr. Anil
Srivastava)
ORDER
Mohd. Jamshed, Member (A):-
The applicants are aggrieved by non- consideration of their candidature for the post of OA No. 3747/2016 Maintainer Electronic Mechanic (NE10(c)) by the respondents despite the applicants fulfilling the requisite educational qualification. The facts of the Page | 3 case as stated in the OA indicate that the applicants applied for the post of Electronic Mechanic (Post Code NE10(C) in response to the advertisement issued by Delhi Metro Rail Corporation (DMRC) in the year, 2015. Both the applicants qualified the written test. Vide notice dated 29.07.2016, the result of the successful candidates who had cleared written test and were shortlisted for document verification was published. The list included the names of applicant No. 01 and applicant No. 02.They were placed at serial No. 139 and 136 respectively. The respondents directed them to submit their documents for verification and medical examination.
2. On 21.09.2016 both the applicants reported for document verification and they were asked to produce Mechanic Electronic (NCVT/SCVT) 2 years course ITI certificate. As the documents furnished by them were of 'Mechanic in Radio & TV' (NCVT/SCVT) 2 years course ITI, the same were not OA No. 3747/2016 accepted. They were advised that the certificates provided by them are not as per the required qualification of 'Mechanic Electronic' (NCVT/SCVT) Page | 4 2 years course ITI' for the said post. The applicants made a representation dated 21.09.2016 to the respondents. On 27.09.2016 the applicants also submitted a letter dated 26.09.2016 issued by Ministry of Skill Development and Entrepreneurship, Directorate General of Training (DGT), Government of India which stated that "the trade "Mech. Radio & TV" and "Electronic Mechanic" both are covered under ITI training courses under Craftsmen Training Scheme and have same duration of Training i.e. 2 years."
3. As the applicants were not considered for the post, they filed the present OA seeking the following relief:
"direct the respondent No. 1 to consider the candidature of the applicants for the post of Maintainer Electronic Mechanics (NE10 (c)) along with similarly placed persons who have already been appointed as Maintainer Electronics Mechanics having similar ITI certificate in Mechanic Radio & TV as that of the applicants."
4. In support of their documents, the applicants have submitted a letter dated OA No. 3747/2016 26.09.2016 (Annexure A-18) issued by Ministry of Skill Development & Entrepreneurship, Directorate General of Training (DGT), Government of India.
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5. Respondents filed counter affidavit opposing the OA stating that the applicants who applied for the post of Maintainer in Electronic Mechanic, did not possess the required qualification and therefore not considered. It is also submitted that the applicants have misrepresented to the recruitment authorities that they possessed the ITI qualification in Electronic Mechanic trade whereas at the time of document verification it was found that they did not have this qualification. Respondents in support of their contention submit that the Applicant No. 01 at the time of filling of the application form mentioned his qualification as ITI in Electronic Mechanic Trade whereas he has done ITI in Radio & TV mechanic Trade. Apart from this, it is a matter of record that the applicant has applied for the post of Electronic Mechanic (Post code NE10(C)) which requires qualification of ITI in Electronic Mechanic Trade and during the document verification it was found that the applicant has OA No. 3747/2016 done ITI in Radio & TV Mechanic Trade and, hence, he was disqualified at document verification stage. Respondents submits that there is no substance in Page | 6 the contention of the applicants that the ITI in Electronic Mechanic Trade and ITI in Radio & TV Mechanic Trade is one and the same and the documents produced by the applicants do not substantiate thier stand.
6. We heard Mr. Sagar Saxena, learned counsel for the applicant and : Mr. V.S.R. Krishna, Mrs. Anupama Bansal, Mr. Amit Anand, Mr. Sunny Tomar for Mr. R. K. Sharma and Mr. Alok Kumar for Mr. Anil Srivastava, learned counsel for the respondents.
7. The applicants appeared for selection for the post of ITI in Electronic Mechanic Trade with Post code NE10(C) against DMRC Recruitment Notification No. DMRC/OM/HR/I/2015. The eligibility criteria for the said post was "ITI (NCVT/SCVT)" in specific Electronic Mechanic Trade. The applicants had applied for the said post and at the time of filling of the application form indicated that they possessed ITI in Electronic OA No. 3747/2016 Mechanic Trade. They, were subsequently allowed to appear in the written examination on the basis of the details provided by them and also qualified Page | 7 the written examination. Subsequently, during the next stage of recruitment i.e. document verification, the respondents observed that the applicants had done the ITI course in Radio & TV Mechanic Trade and not in Electronic Mechanic Trade. Hence, they were found ineligible and were disqualified. In support of their documents, the applicants have submitted a letter dated 26.09.2016 (Annexure A-
18) issued by Ministry of Skill Development & Entrepreneurship, Directorate General of Training (DGT), Government of India, which reads as under:-
"We have received a representation of Sh. Praveen Kumar S/o S. K. Vidyarthi, who has done training in ITI in Mech. Radio & TV Trade from Govt. ITC CRPF Wazirabad, Delhi - 110094 and has been awarded National Trade Certificate (NTC) in Mech. Radio & TV trade. Sh. Praveen Kumar has also qualified your (DMRC) written exam for the post of Maintainer Electronic Mechanic (NE10(c)). His Roll No. 7441302388 & Merit N0. 139.
The trade "Mech. Radio & TV"and "Electronic Mechanic" both are covered under ITI training Courses under Craftsmen Training Scheme and have same duration of Training i.e. 2 years. Both trades are covered under Electronic group of trades. Moreover, both the certificates are recognized for the purpose of recruitment to subordinate posts and services under the Central Government.
OA No. 3747/2016
You are therefore requested to include National Trade Certificate (NTC) in Mech. Radio & TV trade in RR for the post of Maintainer Electronic Mechanic and consider Sh. Praveen Kumar S/o S.K. Vidyathi eligible for the post of Maintainer Electronic Mechanic (NE10(c))." Page | 8
8. A perusal of the above quoted letter indicates that this letter provides a clarification that "the trade "Mech. Radio & TV" and "Electronic Mechanic" both are covered under ITI training courses under Craftsmen Training Scheme and have same duration of Training i.e. 2 years." The said letter does not confirm in any way that the trade of "Mech. Radio & TV"
and "Electronic Mechanic" are one and the same. The letter only confirms that both the trades are covered under ITI courses with a duration of 02 years.
9. Another letter submitted by the applicants in support of their claim is the letter dated 11.08.2016 (Annexure A-19) issued by Department of Training & Technical Education, Government of NCT of Delhi, which reads as under:-
"It is certified that the trade "Radio & Television Mechanic" and "Electronics Mechanic" both have same duration of training (i.e. 4 Semester or 2 years) and classified in the same family of Electronics OA No. 3747/2016 Mechanic and servicers vide National Classification of Occupations-2004, page- 97 (enclosed). Same may be verified from website of National Skill Development Corporation at www.nsdcindia.org."
10. The above quoted letter dated 11.08.2016 Page | 9 clarifies that the trade "Radio & Television Mechanic" and "Electronics Mechanic" both have same duration of training (i.e. 4 Semester or 2 years) and classified in the same family of Electronics Mechanic and servicers vide National Classification of Occupations. The family that has been indicated in annexure to this letter indicates 12 trades under the family of Electronics, which reads as under:-
Family 7243 Electronic Mechanics and Servicers 7243.10 Electronics Mechanic 7243.20 Radar Mechanic 7243.30 X-Ray Mechanic 7243.40 Television Installation Man 7243.45 Cable Television Installer 7243.50 Television Service and Repairman 7243.60 Radio Technician (Radio Manufacturing) 7243.70 Radio Mechanic 7243.75 Radio Craftsman, Installation 7243.80 Radio Craftsman, Maintenance 7243.90 Electronic Mechanics and OA No. 3747/2016 Services, Other
11. All these trades are different and the Page | 10 training in all these is also different. There is thus very clear difference between the qualification required and the qualifications possessed by the applicants. We would not like to comment on the qualification indicated by the applicants in their application forms on the basis of which they were allowed to appear in written examination in terms of the doubt that they may have put the name of the family of the trade and subsequently did not clarify that they possess ITI in Radio & TV Mechanic Trade and not in Electronic Mechanic Trade. It is, however, evident from the facts and circumstances of the case and the documents that have been produced by the applicants that they do not possess the requisite qualification and have been rightly disqualified by the respondents. Respondents have also submitted that no other candidate with similar qualification as that of applicant has been selected.
OA No. 3747/2016
12. We do not find any illegality or infirmity in the orders passed by the respondents. Therefore, the OA is devoid of merit and the same is, Page | 11 accordingly, dismissed. Pending MAs, if any, shall stand disposed of. There shall be no order as to costs.
(Mohd. Jamshed) (S.N. Terdal)
Member (A) Member (J)
/Ankit/