Central Administrative Tribunal - Mumbai
Ravikumar Koli vs M/O Defence on 22 October, 2019
1 OA No. T6G/2016 CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAL BENCH, MUMBAI ORIGINAL APPLICATION No. 766/2016 Dated this Wednesday, the 22" day of October, 2019 CORAM: R.VIJAYKUMAR, MEMBER (A) R.N.SINGH, MEMBER (J) 1. Ralivkumar Koll, Age-28 years, R/a Flat no.204, 2" Floor, Heptagon Building, Motiram Pride, B-cabin Road, Ambamath (E)}-421501. Nw Somesh Kumar Singh Age-48 years, G-13, Ordinance Estate, Armbarnath (W) 421 S08. Kiran D. Savale, Age-30 vears, Add-477/A DH Patil . Colony, Chindhpada, Ambamath (W}-421505. Cad 4, Pravin Chilukoti, Age-30 years, Add-7/1 Anand Park, B Cabin Road, Ambarnath-421] S04, Ltt Ravindra Vitthal Jadhav Age-30 years, Add-Quarter H.69/03, Market H. Type, Ordnance Estate Ambarnath-427) SOL. wapplicantss, (By Advocate Shri PJ. Prasadrao) Versus 1, Union of India, Through the Secretary, Ministry of Defence Production, South Block, New Delhi 110 O11. z QA Ne 06/2016 2. The Chairman, Ordnance Factory Board, AYUDH BHAVAN, 1Q-A, Saheed Kudiram Bose Road, Ratkata 700 001, 3. The General Manager, Machine Too al Prototype Factory, Ordnance Estate, Ambe rath West 421 502. 4, The Director General, All India Counss! for Technical Education, 7" Floor Chandra Lok Building, Janpath, New Delhi-11G001. 5, The Director, Maharashtra State Board of Technical Education, Government of Polytechnic Building, 4° Floor, 49, Kherwadi, Bandra (East), Mumbai-400 051. .. Respondents, (By Advocates Shri R. R. Shetty and Shri A. M. Joshi) ORAL ORDER Per: R.Vijaykumar, Member (A)
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1. SYmei FL. ¢. Prasadvsoa, Learned counsel . e .
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appeared for the applicantss.
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R. R. Shetty, learned counsels for the respondents.
3. This apglication have been filed under Section 19 of the Acministrative Tribunais Act, 1985 seeking the following reliefa:-
"a. To allow the application.
b. This Hon'ble Tribunal be pleased to quash and set aside the impugned order dated 22.08.2016, Annexure A-1 to A-S wherein the Respondent No.3 denied the applicants to appear for the LDCK.OA No F66/2015
tod c. This Hon'ble Tribunal be pleased to direct the Respondents No.3 to allow the applicants and issue admit cards to appear for the LDCE which will be held on 27"
November, 2016.
d. This Hon'ble Tribunal be pleased to direct the Respondents to consider the applicants for the promotion to the Grade of Charge-man (T) if they qualify in the LDCE 2016-17 with all consequential benefits.
e. This Hon'ble Tribunal be pleased to grant ad-interim relief in terms of prayer clause (c} supra.
f. Any other or further orders may be granted in the interest of justice.
Cost of the application be awarded in favour of the applicants."
by the -IME and fulfilled the re ih oS t 2 KH wo 3 wm rt wh or tn : 4 wey te de ~e 4a we sad an on ya ol contained in the matters COMSIGeYEea ana ordered I ay cee a TS ws "-- = s-- 3 RS Soe A ee = ww vide motification of the Ministry of Auman * ~ . ae et ? =" * Ps ors, " at ay oa +t ~ ey ' ~ Resources Ds syelopment, Espartment OF migner ard 2 fX » < ory moo SARL Education and published in Gagette on 2h .ii.evve hereby recognition of certain courses Lor grant Whe to a OA Ne. 7869018 Same WNinistry ain File Nelit LB fSOLI-AR (TSI) dated 06.12.2012 (Annexure MP-1} which reads AS follows:
S.R.O. 66 -- Jn exercise of the powers conferred by the proviso to arti 309 of the Constitution, the President js hereby makes "the following rules to amend the Indian Ordnance Factories. Group C Supervisory and Non- Gazetted Cadre (Recruitment and conditions of service) Rules, 1989, namely:
i. (1) These rules may be called the Indian Ordnance Factories Group C Su ervisory and Non-
Gazetted Cadre (Recruitment and Conditions of Service} Amendment Rules, 2003, ' 2) They shall come into force on the date of their publication in the Official Gazeite
2. Inthe Ordnance Factories Group C Supervisory and Non-Gazetted Cadre (Recruitment and conditions of Service) Rules, 1989 in the schedule-
(). Against the post of Chargeman Gr Ty : (Technical) under column & for the existing entry, the following shall be substituted namely:-
The following will be the Educational Qualification for Direct Recruitment in different trades/dise cipline:
a} Mechanical Must possess three years diploma or equivalent qualification certificate in the respective field duly affiliated by AICTE"
&. The learned counsel for the applicants, therefore contends that in sccordance with the restoration of recognition granted by the Ministry of Human Besources Development from £006 to 2013 ard for those sanrolled ip to 31.05.2013, the applicants is eligible te be na OA No. T662016 CONSIGSred ta be qualified in terms of the rules oF the said LDC Exwamination conducted in cifferent years by the resrondents. He @iso refers to the rulings of the Hon'tbis Apex Court which considered the matter in Institution of Mechanical Engineers {India} Through its Chairman Vs. State of Punjab and thers, 3 oy fot reported in 2019 SCC Online SC 1023, on expe = wy z Y + of the Hon'ble High rh j 15 a gh Oy od oA ct ry wy o, iD : "3 @ S 3 ge sate ~ Toe wed t a + As, £ = Court of Punjab and Haryana in the case of a he te " . ¥ 4. : wan dean : min A peritioner WERO nad apbained a Menbarshin
7. ye te a det . wv tee eo A Certificate from the IME Mumb and Claimed its TET Be ee ty Pw oe x os ae oA ek ne Hon' ole AYeX Court cansidered tas nobifteari ry and YES TAT s oe acl tere Rh Lit Whe A See iks GLFESeriLar LSSuec do Eek x 5 ~ * -- TTT 3 oN athe tN pe Ark ab, 34 m4 finistry of HRD and recorded the following "$9, Consequently, neither can the appellant claim, as a matter of right to be entitled to confer any degree nor can it claim that Certificate awarded by it must be reckoned to be equivalent toa Degree in Mechanical Engineering.
30. The High Courtl was, therefore, right in observing:-2
"i o the Institute of Mechanical Engineers (india), Mumbai is a registered Society and is thus a Technical Institution and is required to obtain approval from AICTE in respect of its courses in technical subjects. The membership of such institute cannot be treated as equivalent to a degree, as the candidate qualified from such institute cannot be said to be at par with the members of Institution of Engineers established under the Statute. (para 208} 6 QA Noa 7662016 oe os ae aes ee There is no document produced or alleged that Respondent No.4 has permanent rec 'ognition from any Council or Board in respect of its courses. Therefore, the degrees or the membe ship granted by respondent No4 cannot be treated as equivalent to Degree in Engineering."
{para 211} $1. poneres the fact remains that the equivalence to the Certificates awarded by the appellant was granted by the MERD in consultation with AICTE upto 31.05.2013 as is evident from Notification dated 06.12.2012 issued by the Central Government and Public Notice issued by AICTE in August, 2017. These communications also indicate that all those students who were enrolled uote 31.05.2013 would be eligible for consideration in accordance with MHRD office memorandum/order in course. Though we have laid down that the Certificates issued by the appellant on successful completion of its bi-annual examination to its Members eannat be considered to be equivalent to a Degree, an exception needs to be made in favour of students enrolled up to 31.05.2013 and benefit in terms of the Notification dated 06.12.2012 and Public Notice as aforesaid ought to be extended to such candidates. The candidates had opted to enroll themselves so that they could appear at the examinations conducted by the appellant under a regime which was put in place by the Central Government itself and the course content as well as the curriculum were reviewed by the AICTE. However, the aforementioned Notification and Public Notice were clear that after 01.06.2013 the concerned orders granting equivalence would cease ta have any effect.
$2. In the circumstances we do make an exception in favour ot such candidates enrolled upto 31.05.2013 and declare that the conclusions drawn in the present matter will apply after 0] 06.2 013. The Certificate awarded by the appellant to such candidates enrolled upto 31.05.2013 shall be considered equivalent to a Degree in Mechanical Engineering for the purpose of employment in Central Government. .
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53. In the premises, we do not find any error in the assessrnent made by the High Court] in paragraphs 205 to 213 of its judgment. We, therefore, dismiss all the submissions raised by the appellant and reject Miscellaneous ae ke No. 2367 of 2018. Na costs, _In the end, we express our sincere gratitude for the assistance rendered by Mr. C.A. Sundaram, learned Amicus Curiae."
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