Rajasthan High Court - Jaipur
Lalita Mahawar vs M D Jaipur Metro And Anr on 5 December, 2017
Author: Chief Justice
Bench: Chief Justice
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Special Appeal Writ No. 1795 / 2017
Lalita Mahawar Wife of Shri Laxminarayan Mahawar, by Caste
Mahawar, Aged About 37 Years, Resident of Behind Pinkey Hotel,
Shyam Colony, Maheshwara Road, Dausa (Raj.)
----Appellant
Versus
1. Managing Director, Jaipur Metro Rail Corporation, Khanij
Bhawan, Tilak Marg, C-Scheme, Jaipur, Rajasthan
2. The General Manager, Jaipur Metro Rail Corporation, Khanij
Bhawan, Tilak Marg, C-Scheme, Jaipur, Rajasthan
----Respondents
_____________________________________________________ For Appellant(s) : Mr. Nawal Singh Sikarwar _____________________________________________________ HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI Order 05/12/2017 D.B. Civil Misc. Application No.43328/2017:
The application under Order 41 Rule 27 CPC is allowed. D.B. Civil Special Appeal(W) No.1795/2017:
1. Heard learned counsel for the appellant.
2. The appellant applied to be appointed as a Maintainer (Electrician). As per the advertisement inviting applications from eligible candidates, a National Trade Certificate or National Apprenticeship Certificate in Electrician Trade issued by a recognised institute pursuant to a course of minimum two years duration was the necessary criteria. The appellant relied upon a certificate issued to her by the Government Industrial Training (2 of 3) [SAW-1795/2017] Institute, Doiwala, Dehradun, Uttarakhand. The certificate did not mention that it pertained to a two years duration course. In the writ petition filed by the appellant she kept on harping that she had obtained a certificate from a recognised institute and did not plead that she had undergone a two years course.
3. In the reply filed the respondents pleaded that reason to deny appointment was the petitioner not possessing a certificate of two years course duration. Though the impugned order does not note, but Counsel for the appellants draws our attention to the certificate which was annexed as Annexure-3 to the writ petition. The certificate does not record that it pertains to a course of two years duration. It records that the Government of Uttarakhand treats the certificate as equivalent to a two years duration course.
4. As per learned counsel for the appellant, the appellant has sought information under RTI from the institute and on 12.10.2017 has been informed that the course is treated to be of two years.
5. We find that in the appeal there is no positive assertion that the appellant undertook the course spread over two years.
6. Matter relates to an appointment pertaining to the year 2013.
7. Since the appellant is not making any positive averment either in the writ petition or in the appeal that the course which she undertook was of two years duration and has not specified the year in which she joined the course, relying simply (3 of 3) [SAW-1795/2017] upon the certificate in question which shows that the appellant was awarded the certificate on 11.03.2013, we dismiss the writ-
appeal.
(DINESH CHANDRA SOMANI),J. (PRADEEP NANDRAJOG),C.J.
KKC/9