Central Administrative Tribunal - Kolkata
Vicky Wilson vs A & N Administration on 25 January, 2024
Sue) 64 RAS foot 22 $3 Bal MA "A, Be z | LISRAR 1 0.A./35 4/121/2024 (Through Video Conference). CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA (CIRCUIT AT PORT BLAIR) O.A./351/121/2024 | Date of Order 25.01.2024 M.A. 351/109/2024. : Coram: | Hon'ble Mr. Jayesh V. Bhairavia, Judicial Member | Hon'ble Mr. Suchitto Kumar Das, Administrative Member 1. Shri. Vicky Wilson, S/o.Late M. Arif, Aged about 37 years, Presently working as Revenue Field Assistant, office of Deputy ' Commissioner, South Andaman, A&N Administration, Port Blair, R/o Delanipur Village, Port Blair Tehsil, South Andaman District, PIN. 744102 M: 9933241977 e-mail: [email protected] 2. Shri. Nilesh Sarkar,' S/o Nisith Sarkar, Aged about 28 years, Presently working as Instructor (Contract), Under the. industrial Training Institute, Dollygunj, South Andaman, Port. Blair, R/o Garacharma il Village, Port Blair Tehsil, South Andaman District, PIN 744105 M: 9476079140 e-mail: [email protected] esanssene Applicants -Versus- 1. The Union of India, Through the Secretary. Ministry of Urban and Rural Development, Govt. of India, Shastri Bhawan, New Delhi - 110 001 2. The Union of India, Through Secretary to the Government of India, Ministry of Home Affairs, Govt. of India, Shastri Bhawan, New Delhi- 110001 3. The Andaman & Nicobar Administration service through the Lt. Governor (Administrator), Andaman & Nicobar Islands, Raj Niwas, Kamraj Road, Port Blair 744 101 4, The Chief Secretary, Andaman & Nicobar Administration secretariat, Kamraj Road, Port Blair -744 101 5. The Secretary (Personnel/ R&E), Andaman & Nicobar Administration, Secretariat, Port Blair-744 101 f Via + wi 2 0.A./351/121/2024 6. The Secretary (Urban Development}. Andaman and Nicobar Administration, Port Blair- 744 1041 - 7. The Port Blair Municipal Council, Indira Gandhi Bhawan, Port Blair-744101 8. The Secretary, Port Blair Municipal Council, Indira Gandhi Bhawan, Port Blair PIN 744101 -++++..Respondents For the Applicant(s): _ Mr. S.Samanta, Ms. S. Samanta ~ (Counsel) For the Respondent(s): Mr. D. Chowdhury _ ~ (Counsel) ORDER (ORAL)
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Jayesh V. Bhairavia, Judicial Member:
Learned Counsel for both sides are présent and heard. M.A. No. 351/1 09/2024 for joint prosecution under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987 is allowed. The applicants are allowed to pursue the remedy jointly, on payment of individual court fees (postal order/demand draft). | The applicants have filed the present O.A under Section 19 of the Administrative Tribunals! Act, 1985 seeking the following reliefs:-
"a) Direction do issue directing the respondent authorities to conduct fresh trade test for the applicants for their selection in the Post of Draftsman Grade Ill, OBC vacancy as per the press note dated 05-
12-2023 by treating the Diploma Holder in Civil Engineering/B Tech "in Civil Engineering. at par°and equivalent to the Two years . ITI
- Certificate Course Draftsman and thereupon publish their results and take the said process to its logical conclusion and pending the same fo restrain the respondent authorities from publishing the selection list _ and/or granting appointment to any other person in the said posts "without consideration of their cases and further commanding them to. act and proceed strictly in accordance with faw;
"
6) Injunction do issue. upon the respondent authorities restraining them from publishing the final result of the post of Draftsman Grade iil, OBC vacancy till disposal of the cases of the applicants for grant of appointment in the said posts: ;
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0.A./351/121/2024 ¢) DIRECTION in the nature of certiorari do issue upon the respondent authorities directing them to produce and / or cause to be produced the entire records of the case and thereupon fo pass necessary orders for rendering conscionable justice;
d) Cost and costs incidental hereto;
e) And/or to pass such other-or further order or orders as to your Lordships may seem fit and proper"
The applicants herein have submittéd their application in response to the Vacancy Notice dated 29.04.2023 for the post of Draughtsman Gr. (Civil). The eligibility criteria prescribed in the Vacancy Notice are :
") Matriculation/Secondary School Exam (Xth Sid) pass _ from a recognized Board/Institution.
ii) 02 years certificate course including practical training of 06 months in Draughtsman ship (Civil) from recognized | Institute. .
Should qualify in a written/projessional test to be conducted by the council or authorized recruitment agency." Both applicant No.1] and 2 possess educational qualification of Bachelor of Technology, Civil Engineering. However, their applications have not been-considered by the respondents. Therefore, they had submitted the representation dated 07.12.2023. The said representation came to be- rejected by the Office of the Municipal Council, Port Blair on the ground that the applicants are not fulfilling " the eligibility criteria pertaining to the essential qualification, and consequently, they have not been allowed to appear for the skill/trade test for the post of Draughtsman Gr (Civil) after being short-listed. Again, the applicants herein submitted a detailed comprehensive representation dated 20.12.2023 wherein the applicants have contended a. number of reasons to be considered as eligible candidates. The said representation as on date has not been fe considered. Hence this.O.A. a 4 0A. /351/121/2024 ;
6. On receipt of advance copy 'of the O.A., Ld. Standing Counsel for ARN | Administration, Mr. D. Chowdhury is present. Ld. 'Counsel for the applicants Mr. S. Samanta submits that the A&N Administration. vide letter dated 24.01.2006 had considered an issue on whether a person having a Diploma of 03 years in Civil Engineering from Polytechnic is eligible for recruitment to 'the post of Draughtsman and also had clarified whether a person holding a 04 year course -in Cwil Engineering can be recruited against the post of Surveyor / Draughtsman and had also decided the course contents / syllabus 'prescribed for , TTI Certificate course in Surveyor and Draughtsman and that of Diploma' in. : , Civil Engineering, It has been found: that the syllabus prescribed for 03 years' y Diploma in Civil- Engineering includes the syllabus prescribed | for ITI Certificate course in Surveyor -/ Draughtsman. Further, the syllabus for -- Diploma in. Civil Engineering contains more advance concepts. Hence, it was. decided that Diploma in Civil Engineering may be considered as having an
-édge over ITI Certificate holders. It is algo a contention of the applicants that higher qualification cannot be treated as disqualification. It- is stated that various other grounds are also taken by the applicants in their representation , and have claimed to consider their candidature for the post of Draughtsman.
7. Considering the aforesaid submission and on perusal of the material on record, it'can be seen that the representation of the applicant dated 20.12:2023
- is pending before the competent authority and in absence of any decision thereon, we deem it appropriate. to dispose of this O.A at admission :stage without entering into the merits of the claim of the applicants with a direction:
upon the. respondents to expeditiously consider the second representation "submitted by the applicant dated 20.12.2023 in accordance with the terms of _ Recruitment Rules and the Vacancy Notice, as also the contention of the applicants in their representation within 03 weeks from the date of receipt of a fa 'directed-to:hand-over a copy of this order to Ld. Counsel for the parties. 5 OA. 7351/121/2024 certified copy: of this order and intimate the decision to the applicant forthwith. Since we have directed the respondents to decide the pending representation, at this juncture we are not inclined to entertain the prayer sought for in this O.A. - including the interim relief,
8. In view ofthe above, O.A. stands disposed of. No costs. Registry is ftto Kumar Das) ~ ' (Jayesh V. Bhairavia) Admit istrative © Member _ Judicial Member .