Central Administrative Tribunal - Kolkata
M Shiv Prasad vs Power on 2 April, 2026
1 OA 351/168/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH,
KOLKATA
O.A. 351/168/2024 Date of Hearing : 19/02/2026
Date of Order: 02/04/2026
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
IN THE MATTER OF:
Shri M. Shiv Prasad, Son of Shri M. Triupathi Rao, Aged about
30 years, Resident of Shiv Colony, Dolly Gunj, Ward no. 17,
Port Blair Tehsil, South Andaman-744103.
Mobile no. - 9679534744
Email I'd- [email protected].
...Applicant
-VERSUS-
1. Union of India, Service through the Secretary, Govt. of India,
Ministry of Home Affairs, North Block, New Delhi - 110 001
2. Union of India, Service through the Secretary, Ministry of
Power Govt. of India, Rafi Marg, Shram Shakti Bhawan New
Delhi-110001
3. The Hon'ble Lieutenant Governor Andaman and Nicobar
Islands Raj Niwas, Port Blair - 744101
4. The Chief Secretary Andaman and Nicobar Administration
Secretariat, Port Blair - 744101
5. The Secretary (Power) Andaman and Nicobar Administration
Secretariat, Port Blair - 744101
Digitally signed by Dharna rawat
Dharna
DN: C=IN, CN=Dharna rawat, O=Central
Administrative Tribunal, OU=Department of Personnel
and Training, ST=West Bengal, postalCode=700020,
serialNumber=
7d43919c17542b4adb150806aaf48ebb8c556079fae0
64e0809be822758c47de, telephoneNumber=
aed2f6fed6cd6db725de71ab523b147a42fb9045a9220
rawat
ccdeba7cd820ed32045
Reason: I am the author of this document
Location:
Date: 2026.04.02 13:03:07+05'30'
Foxit PDF Reader Version: 2025.3.0
2 OA 351/168/2024
6. The Superintending Engineer Electricity Department
Andaman & Nicobar Administration VidhyutBhawan Port
Blair, South Andaman
7. Shri. Amit Chakraborthy Son of Narayan Chakraborty Junior
Engineer under the Electricity Department, Presently posted at
South Andaman Division, Electricity Department, Hutbay,
Little Andaman - 744207
8. Shri. R Abhilash Nair Son of Radhakrishan Nair Junior
Engineer under the electricity Department, Presently posted at
South Andaman Division, Electricity Department, Swaraj
Dweep - 744211
9. Shri. Ajay Krishnan Son of T Radhakrishnan Junior Engineer
under the Electricity Department, Presently posted at South
Andaman Division, Electricity Department, Swaraj Dweep -
744211
10. Shri. P Ravi Kumar Son of Late P Sita Ram
Junior Engineer under the Electricity Department, Presently
posted at Nicobar Division, Electricity Department, Kamorta,
Nancowrie - 744303
11. Shri. Abhishek Roy Son of Ashok Kumar Roy
Junior Engineer under the Electricity Department, Presently
posted at Nicobar Division, Electricity Department, Nicobar
District, Campbell Bay - 744302
12. Shri. CH Emmanuel David Raj Son of CH Paul Reddy
Junior Engineer under the Electricity Department, Presently
Digitally signed by Dharna rawat
Dharna
DN: C=IN, CN=Dharna rawat, O=Central
Administrative Tribunal, OU=Department of Personnel
and Training, ST=West Bengal, postalCode=700020,
serialNumber=
7d43919c17542b4adb150806aaf48ebb8c556079fae0
64e0809be822758c47de, telephoneNumber=
aed2f6fed6cd6db725de71ab523b147a42fb9045a9220
rawat
ccdeba7cd820ed32045
Reason: I am the author of this document
Location:
Date: 2026.04.02 13:03:07+05'30'
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3 OA 351/168/2024
posted at Rural Division, Electricity Department, Rangat, North
& Middle Andaman District-744205
13. Shri. V Janakar Son of A Vasudevan Junior Engineer under
the Electricity Department, Presently posted at Nicobar
Division, Electricity Department, Katchal, Nancowrie - 744303
14. Shri A. J. Ajay Nair Son of Ajit Nair Junior Engineer under
the Electricity Department, Presently posted at Rural Division,
Electricity Department, Betapur, Rangat, North & Middle
Andaman District - 744205
15. Shri Kiran Singh Son of Gyan Singh Junior Engineer under
the Electricity Poor Department, Presently posted at Rural
Division, Electricity Department, hived Kadamtala, Rangat,
North & Middle Andaman District - 744205
...Respondents.
For the Applicant : Mr. G. B. Kumar, Ms. V. Devi; Counsel
For the Respondents : Mr. R. Kumar; Counsel
ORDER
Per: Hon'ble Mr. Suchitto Kumar Das, Member (A):
1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985,for the following reliefs: -
"(i) An order be passed setting aside the Impugned Order No. 921 dated 29.12.2023 passed by the respondent No. 6 alleged in compliance to the order dated 01.12.2023 passed by this Hon'ble Court in O.A No. 351/1379/2023 whereby the respondent No. 6 by taking irrelevant Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 4 OA 351/168/2024 consideration rejected the claim of the applicant for consideration of his case for appointment to the posts of Junior Engineer under the respondent No. 6.
(ii) An order be passed setting aside the appointment of the private respondent No. 7 to 15 who were appointed as Junior Engineer in General category under the respondent No. 7 vide order No. 747 dated 31.10.2023 and all consequent orders issued on the basis of the said order dated 31.10.2023
(iii) An order be passed directing the respondent authorities, more particularly the respondent No. 6 to consider the case of the applicant for appointment to the post of Junior Engineer in General Category under the respondent No. 6 by considering the Bachelor of Engineering in Mechanical and Production Engineering as the essential educational qualification for the post of Junior Engineer. B. An order be passed directing the respondent authorities to transmit the original records of the case before this Hon'ble court, so that after perusing the same conscionable justice may be rendered to the applicant.
C. Any other relief or relief's, order or orders. direction or directions as your Honour deem fit and proper"
2. Facts of the case in brief are as follows:
2.1 On 28.04.2023, a Press Note was published by the Andaman & Nicobar Administration inviting applications to fill up several vacant posts under different wings of the Andaman & Nicobar Administration including the posts of Junior Engineer/Junior Engineer (E&M), Group-B Non-Gazetted under respondent nos. 6 and 7. In terms of the vacancy notice for posts of Junior Engineer was published (20 UR, 08 ST, 15 OBC and 04 EWS) under respondent no. 6 and 02 posts of Junior Engineer (E&M) (01 UR and 01 OBC) under respondent no. 7. The essential educational qualification for the post of Junior Engineer under respondent no. 6 is "Degree in Electrical/Mechanical/ Electrical & Electronics Engineering from a recognized University.
Digitally signed by Dharna rawat
Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 5 OA 351/168/2024 2.2 The applicant belongs to the General Category. He applied online for the post of Junior Engineer under respondent no. 6 and for the post of Junior Engineer (E&M) under respondent no. 7.
2.3 Admit card for the written examination was issued to the applicant. The Admit Card mentioned Junior Engineer (E&M) implying that he was to appear for the posts in PBMC only. The applicant participated in the said examination on the basis of the Admit Card issued to him.
2.4 On 07.08.2023, a merit list was notified by the Andaman & Nicobar Administration and in the said merit list, the name of the applicant appear at sl. No.
18. Subsequently, on 04.09.2023, a revised list of short listed candidates, category wise was also notified by the Andaman & Nicobar Administration and the name of the applicant was at sl. No. 38 of the said list.
2.5 On 30.08.2023, Andaman & Nicobar Administration issued a Press Note directing all the shortlisted candidates to appear for verification along with all the testimonial documents on 14.09.2023. The applicant appeared before the Board wherein they verified all the testimonial of the applicant. A list of selected/waiting list candidate for the post of Junior Engineer under respondent no. 6 and for the post of Junior Engineer (E&M) under respondent no. 7 was published in which the name of the applicant was omitted.
2.6 On 28.09.2023, the office of respondent no. 6 and 7 verbally informed the applicant that Bachelor degree of the applicant in Mechanical and Production Engineering does not meet the criteria of essential educational qualification. As such the candidature of the applicant was rejected. Aggrieved by the decision of the respondents, the applicant filed OA No. 1379/2023 on 10.10.2023. Digitally signed by Dharna rawat
Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 6 OA 351/168/2024 O.A. No. 1379 of 2023 was disposed of on 01.12.2023 by this Tribunal with the following observations and directions:-
5.1 From the averments of the applicant, it is clear that respondent no. 6 had initially rejected the candidature of the applicant on the ground that his qualification as B.E. in Mechanical and Production Engineering did not meet the essential qualification notified for the post of Junior Engineer in the year 2018. On receiving representation from the applicant, he was called to the office of respondent no. 6 where after a detailed scrutiny of the subjects concerned in the Engineering Degree course attended by him, his candidature was accepted. 5.2 A perusal of the vacancy notice of 2018 reveals that the essential qualification for the post of Junior Engineer in Electricity Department was the same as the essential qualification for the same post laid down in the 2023 notification. The fact that the Recruitment Rules have undergone a change from 2018 to 2023 is not relevant in the instant case. The changes may have been with respect to other aspects of the post. We see an obvious contradiction in the action of the respondent authorities in accepting the degree of the applicant in 2019 and rejecting the same degree in 2023 for the same post requiring same qualification. The applicant has also submitted a certificate from the Institution which awarded him the Degree certifying that the Degree in Mechanical and Production Engineering is equivalent to a Degree in Mechanical Engineering awarded by other institutions.
5.3 It is true that the applicant should have made a representation immediately after he received the hall ticket only for the post of Junior Engineer (E&M). However, it would appear that after document verification, he was not considered eligible even for this post. In our opinion, the lapse on the part of the applicant in not representing against his exclusion from the post of Junior Engineer in Electricity Department immediately after issued of the hall ticket, is not serious enough to deny his claim to appointment.
5.4 Facts in the case of Shri G. Sathish (supra), relied upon by the respondents are wholly distinguishable from those in the present case. In the case of Shri G. Sathish, the experience gained by the applicant as a trainee in a Training Institute was not accepted by the respondents. Digitally signed by Dharna rawat
Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 7 OA 351/168/2024 The applicant, in that case, had also taken the defence that he was unable to upload his other certificates.
5.5 In the instant case, it is our opinion that the applicant was not given an opportunity to present his case to the authorities in time. This is particularly relevant, as in 2018-2019, when opportunity was given to the applicant he was able to convince the same authorities on the basis of available documents that he had the qualification required for appearing in the selection for the post of Junior Engineer. Had this opportunity been given to the applicant, his candidature could have been accepted.
5.6 In the light of the above discussion, it is held that the respondents have erred in disqualifying the candidature of the applicant on the ground that his qualification does not meet the essential qualification for the post of Junior Engineer. We, accordingly, direct the respondents to verify the qualifications of the applicant (keeping in view the verification done by them in 2019, within a period of 30 days from the date of receipt of a certified copy of this order in their office, and, if found eligible, process his case for appointment within a period of 30 days thereafter.
In Compliance of the order quoted above, the respondents issued the following Speaking Order on 29/12/2023 rejecting the claim of the applicant.
Andaman & Nicobar Administration Office of the Superintending Engineer Electricity Department Port Blair - 744101 Port Blair dated 29th December 2023 Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 8 OA 351/168/2024 ORDER NO.921 WHEREAS, Shri Shiv Prasad, applicant filed an application bearing OA No. 351/01379/2023/AN (Shri M Shiv Prasad-vs-Union of India & Ors) before the Hon'ble Central Administrative Tribunal, Calcutta Bench, Circuit at Kolkatta, for disposal of his representation in a time bond manner.
WHEREAS, after detailed deliberation the Hon'ble CAT has passed the final order dated 01.12.2023 and the operative part of the order is as under:-
"it is our opinion that the applicant was not given an opportunity to present his case to the authorities in time. This is particularly relevant, as in 2018-19, when opportunity was given to the applicant he was able to convince the same authorities on the basis of available documents that he had the qualification required for appearing in the selection for the post of Junior Engineer. Had this opportunity been given to the applicant, his candidature could have been accepted.
In the light of above discussion, it is held that the respondents have erred in disqualifying the candidature of the applicant on the ground that his qualification does not meet the essential qualification for the post of Junior Engineer. We accordingly, direct the respondents to verify the qualification of the applicant keeping in view the verification done by them in 2019, within a period of 30 days from the date of receipt of certified copy of this order in their office, and if found, eligible, process his case for appointment within a period of 30 days thereafter. WHEREAS, The A&N Administration vide Order No. 1120 dated 25.04.2023 has designated the Electricity Department as the Nodal Department to conduct Common Recruitment Examination to fill up the vacancies of the posts pertain to Electricity, Labour, PBMC and PMB. The Electricity department has invited online application to fill up 47 vacant Posts of Junior Engineer of Electricity along with other post of PMB, PBMC & Labour department. And while publishing the vacancy notice it was made clear to the candidates in Sl. No. 20 (b) of notice that "That the Electricity Department, A&N Administration will not undertake detailed scrutiny of Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 9 OA 351/168/2024 applications for the eligibility and other aspects before the examination and thus the candidature accepted only provisionally"
The vacancy detail of Electricity department is as under:-
General category - 20 Nos
OPC category - 15 Nos
EWS - 04 Nos
ST - 08 Nos
Subsequently, the online one applications so received from the candidates were scrutinized by the respective Department by a Technical Committee constituted for the purpose and a list of eligible and ineligible candidates were submitted by the respective department WHEREAS, on completion of the scrutiny of the online application, the hall ticket is made available by DBRIAT. for downloading it from the https://erecruitment andaman.gov.in/crap/ from 10.06.2023 at 11:00 AM onwards, published in the Daily Telegrams dated 10.06.2023. Further the candidates have been advised to download hall tickets, directly from the portal and also advised that for any clarifications in this regard, candidates can contact the Nodal Officer (Recruitment) Electricity Departinent the on all working days i.e Monday to Friday between 0900 hrs to 1700 hrs WHEREAS, after downloading the admit card No. of candidates has approached this office personally or submitted grievances through email seeking clarification of doubts to rectify the errors,, submission of their grievances, if any and to sort out their issues viz. Non eligibility for the posts in other department due to non- fulfilment of Educational qualification as per the notified RR, age factor etc. which was promptly attended by this office.
WHEREAS, amongst other, one Shri Nadeem Ahmed, nas submitted his grievance stating that his application got rejected due to non-fulfilment of essential educational qualification, as is possessing Degree in Mechanical & Production Engineering. After examination of his representation vide email dated 22.06.2023. his candidature for the post of Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 10 OA 351/168/2024 Junior Engineer in Electricity Department has not been considered and a suitable reply has been given vide this office email dated 22.06.2023. Likewise reply to other representation for non-
consideration of their candidature has been given.
WHEREAS, another candidate Shri Shiv Prasad was made ineligible (S) No. 107 of ineligible) by the Technical Committee constituted vide this office order no. 07 dated 06.04.2023, as he is possessing education qualification in B.E (Mechanical & Production. Engineering), therefore he did not fulfil the requisite EQ as per notified Recruitment Rule for the post of Junior Engineer in Electricity Department. However, his candidature was provisionally accepted by PBMC, which is not within the purview of Electricity Department, as the scrutiny of application for the pst of respective department was done at their own level.
WHEREAS, Shri M. Shiv Prasad, was applied for the post of Junior Engineer in Electricity Department and Junior Engineer (E&M) in PBMC. And as per the instruction at 20(b) his candidature was accepted provisionally and allowed for attending the examination. And while issuing the Admit Card to the candidate, it was also reflected in it that "The Admit Card is provisional subject to satisfy the eligibility conditions as given in the Vacancy Notice and is purely based on provisional scrutiny of the application form submitted online and should not be used as a claim for appointment"
WHEREAS, Shri Shiv Prasad has sufficient time from the date of issue of hall ticket (10.06.2023) till the date of computer based examination (28.06.2023) to represent and convince the higher authority for consideration of the candidature for the post of Junior Engineer in Electricity Department but he fails to grasps the available opportunity.
WHEREAS, Shri Shiv Prasad was provisionally allowed to appear in the written and selection examination held during 2019 after taking an undertaking from the candidates that their candidature will be considered equivalency of their qualified Degree in Mechanical Engineering stream/only on receipt of clarification from the respective universities in respect of discipline. Since, as per records, no reply was received from the concerned university and the said candidates were placed lower in merit, their case were not taken up further. Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 11 OA 351/168/2024 WHEREAS, para 2, clause 3.8.1 of DOPTs OM No. AB.14017/48/2010-Estt. (RR) dated 31.12.2010 stipulates that "The Ministries/ Departments may clearly specify the educational qualifications and thereby, avoid usage of the term 'or equivalent. They are also instructed to clearly prescribe an exhaustive list of educational qualifications so as to match the duties and responsibilities of the post" Accordingly, while framing the Recruitment Rule clearly prescribed an exhaustive list of educational qualification owing to which no equivalent qualification has been considered for the post of Junior Engineer in Electricity Department.
WHEREAS, the candidature of the candidates provisionally accepted by the Electricity Department, PBMC, PMB & Labour department were allowed to participate in the written examination, in which Shri Shiv Prasad whose candidature was accepted by the PBMC has been allowed to participate in the examination as the Combined Computer Based Recruitment Test for the post of JE of Electricity Department, Inspector of Factory of Labour Department, Foreman of PMB and JE (E&M) of PBMC was conducted.
WHEREAS, the Combined Computer Based Recruitment Test was held on 27.06.2023 and 28.06.2023, and the result of examination (statement of score) was published for information to the candidates in the Daily Telegram dated 08.08.2023 and also uploaded in the Administrations website.
WHEREAS, on the basis of merit Combined Computer Based Examination scores, the successful candidates were shortlisted category wise for various posts as per their choice of preference opted in the testimonials on 14.09.2023 and 15.09.2023 which was published in the Daily Telegram dated 05.09.2023.
WHEREAS, the task of the verification of the original certificates/testimonials was assigned to the Document Verification Committee constituted vide this office order No. 529 dated 02.09.2023. Accordingly the concerned committee has verified the documents and submitted the report. And based on the report submitted by the document verification committee, the Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 12 OA 351/168/2024 candidature of Shri Shiv Prasad along with others who were not fulfilling the Essential qualification and other criteria in the Recruitment Rule/Vacancy notice was not considered.
WHEREAS, on completion of Document Verification, the Electricity Department, A&N Administration has prepared the category wise final select list of candidates who are eligible for the respective posts and has uploaded it in the Administrations website and also published in the Daily Telegrams dated 23.09.2023. Thereafter issued the offer of appointment in the Grand Rozgar Mela and Appointment Order vide No. 747 dated 31.10.2023. WHEREAS, aggrieved by the decision of the Electricity Department Shri Shiv Prasad, filed an application bearing OA No. 351/01379/2023/AN (Shri M Shiv Prasad-vs- Union of India & Ors) before the Hon'ble Central Administrative Tribunal, Calcutta Bench, Circuit at Kolkatta. WHEREAS, after careful consideration of the representation dated 06.12.2023 of applicant and in compliance of Hon'ble CAT's Order dated 01.12.2023 passed in OA No. 351/01379/2023 (Shri M Shiv Prasac-vs- Union of India & Ors), the Electricity Department is arrived at a conclusion that the department is bound to follow all rules & regulations, guidelines issued by the GOI/ A&N Administration without any deviation. Therefore, in the instant case, all the rules & regulations/ instructions of GOI is adhered by this department in true spirit.
NOW THEREFORE, in view of the above facts and in the light of clause 3.8.1 of DOPTS OM No. AB.14017/48/2010-Estt. (RR) dated 31.12.2010, the case of Shri Shiv Prasad could not be considered in the Electricity Department for the post of Junior Engineer due to non- fulfilling of the Essential qualification required for the post as prescribed in the existing Recruitment Rules as detailed below:-
Degree in Electrical/ Mechanical/ Electrical & Electronics Engineering from a recognized university.
OR Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 13 OA 351/168/2024 Diploma in electrical/Mechanical/Electrical & Electronics Engineering from a recognized institution with 02 years experience in Gout.
Department/ Registered Private Establishment/ Organization in the field related to Power Utility Services/ DG Sets/ Maintenance of Distribution Transformers/ Transmission & Distribution System.
Therefore, application dated 06.12.2023 submitted by the applicant is hereby disposed of. This order is issued in compliance to Hon'ble CAT order dated 01.12.2023 in OA No.351/01379/2023/AX (Shri SM Shiv Prasad-vs- Union of India & Ors) with the approval of Competent Authority.
Assistant Director (Admin)
Electricity Department
(F.No. 6.1/EL/SE/ESTT?20222-23(Vol-III))
Aggrieved by the rejection of tis case, the applicant has filed this O.A.
3. Learned Counsel for the applicant submits that:-
3.1. The applicant completed bachelor in (Mechanical & Production Engineering) in the year 2015.
3.2. In the year 2018 the respondent No. 6 published the post of Junior Engineer, the applicant being eligible participated in the said selection process and subsequently the office of the respondent No. 6 published list of eligible and ineligible candidate wherein the name of the applicant appeared at serial number 514 of the list of ineligible candidate and the remark was "unqualified". That the applicant pursued the same with the respondent authorities and thereafter the Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 14 OA 351/168/2024 respondent No. 6 being convinced accepted the candidature of the applicant, issued hall ticket to the applicant to appear in the written examination but on merit the applicant failed.
3.3. Subsequently in the year 2023 a paper publication was made 28/04/2023 in respect of several posts including the posts from Junior Engineer/Junior Engineer (E&M), Group-B Non-Gazetted under the respondent No. 6. The applicant being eligible applied for the said post of Junior Engineer, admit card was issued to the applicant, subsequently the applicant appeared in the written examination and on 07.08.2023 Merit list was notified by the Andaman & Nicobar Administration wherein the name of the applicant appears at serial number 18 with 43.5 mark out of 100.
3.4. On 14.09.2023 the applicant appeared before the board wherein they verified all the testimonials of the applicant and found them correct. That on 23/09/2023 select/waiting list was published wherein the name of the applicant was omitted from the said list but the names of candidates who stood lower in merit in the list were included.
3.5. The applicant approached the respondent authorities followed by filing Original Application being O.A No. 351/1379/2023 before this Court.
During the pendency of the said Original Application vide order No. 747 dated 31.10.2023, 41 persons were appointed to the said posts of Junior Engineer under respondent No. 6.
3.6. Admittedly in both the vacancy notice i.e 2018 and 2023 the requisite qualification was at par, the same is narrated below:.
2018 VACANCY 2023 VACANCY
Digitally signed by Dharna rawat
Dharna
DN: C=IN, CN=Dharna rawat, O=Central
Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 15 OA 351/168/2024
1. Degree in Electrical/Mechanical/Electrica 1 & 1. Degree in Electronics Engineering from a recognized Electrical/Mechanical/Electrica 1 & University. Electronics Engineering from a recognized OR University.
OR Diploma Electrical/Mechanical/Electrica 1 Diploma in Electrical/Mechanical/Electrica & Electronics Engineering from a 1 & Electronics Engineering from a recognized Institute with 02 years recognized Institute with 02 years experience in the field. experience in Govt. Department/Registered Private Establishment/Organization in the field related to Power Utility Services/DG
2. Should qualify the written professional Sets/Maintenance of Distribution test. Transformers/Transmission Distribution & system.
3.7. The said Original Application was taken up for hearing by this Court and on 01/12/2023 this Court passed an order whereby in Para 5.2 of the judgment this court clearly recorded that a perusal of the vacancy notice of 2018 and 2023 reveals the essential qualification are at par and that the applicant has submitted a certificate that the degree in Mechanical & Production Engineering is equivalent to a degree in Mechanical Engineering, therefore the court held that the authorities were in error in disqualifying the candidature of the applicant on the ground that the applicant did not meet the essential qualification, therefore directed the Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 16 OA 351/168/2024 respondent authorities to verify the qualification of the applicant keeping in view the verification done by them in 2019 within a timeframe.
3.8. The respondent authorities without considering the true purport of the Order dated 01.12.2025 passed by this Hon'ble Court in the earlier round of litigation vide impugned Order No. 921 dated 29/12/2023 rejected the claim of the applicant on the ground that the case of the applicant could not be considered due to non-fulfilment of the essential qualification though has not discussed about the same.
3.9. The applicant in the Original Application has filed several documents from paragraph No.4 (qq) the similarity in the syllabus of the applicant and the syllabus of technical AICTE which are produced from paragraph 4 (qq) to paragraph 4 (yy) of the Original Application.
3.10. From the document submitted by the applicant from paragraph 4 (qq), more specifically Annexure A-20 to A-26 speaks volume that the course, the subjects and the degree obtained by the applicant is at par and therefore the respondent authorities are under legal obligation to appoint the applicant to the post of Junior Engineer under respondent No. 6.
4. Learned Counsel for the respondents submits as follows:-
4.1 The Electricity Department has advertised a combined vacancy notice dated 28/04/2023 for recruitment to various Group 'B' (NG) and Group 'C' posts with different pay levels in various departments. While publishing the vacancy notice it was made clear to the candidates vide para No.15 that "All candidates who apply in response to this advertisement on or before the Closing date & time for online application, will be assigned Roll Numbers. The Admit Cards will be made available on the website of A&N Administration around 2 weeks before the Computer Based Examination. In case, a candidate does not find his/her name in the above uploaded list, he/she must immediately contact the Assistant Director Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 17 OA 351/168/2024 (Admn.), Electricity Department, Port Blair through email with proof of having submitted his/her application, for consideration. Failure to do so will deprive him/her of any claim for consideration later".
It was also made clear to the candidates at Para 20 (b) of the vacancy notice that "That the Electricity Department, A&N Administration will not undertake detailed scrutiny of applications for the eligibility and other aspects before the examination and thus the candidature is accepted only provisionally". 4.2 The applicant is a Degree holder (BE) in Mechanical and Production Engineering and he had applied for the post of Junior Engineer in Electricity Department and Junior Engineer (E&M) in PBMC.
It was already decided that the scrutiny of applications will be carried out by the concerned Nodal Officers of each department (Annexure-R/1). Accordingly, applications were scrutinized by the concerned department and during scrutiny of the application, the candidature of the applicant was not considered for the post of Junior Engineer in Electricity Department by the Electricity Department, as his Essential Educational qualification (BE in Mechanical and Production Engineering) was not as per the notified RR/vacancy notice, as prescribed for the post of Junior Engineer in Electricity Department.
The essential educational qualification prescribed for the post of Junior Engineer in Electricity Department is Degree in Electrical/ Mechanical/ Electrical & Electronics Engineering from a recognized university. 4.3 Since, the applicant was possessing BE in Mechanical and Production Engineering. As such his candidature for the post of Junior Engineer in Electricity Department was not considered by the Electricity Department. His candidature was considered provisionally by the PBMC and he was allowed to appear in the Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 18 OA 351/168/2024 examination only for the post of Junior Engineer (E&M), PBMC (Post Code No.61) which is explicit from the Admit Card issued to him wherein it is categorically mentioned that the post applied as "Junior Engineer(E&M)". It was also mentioned in the Admit Card under the caption as 'Important Note that "The Admit Card is provisional subject to satisfaction of the eligibility conditions as given in the Vacancy Notice and is purely based on provisional scrutiny of the application form submitted online and should not be used as a claim for appointment" (Annexure- A/10 of OA).
Being the Nodal Department for conducting the Combined Recruitment Examination, the electricity department conducted the Combined Computer Based Recruitment Test with the assistance of DBRAIT & SOVTECH for the post of JE of Electricity Department, Inspector of Factory of Labour Department, Foreman of PMB and JE (E&M) of PBMC 4.4 The last date of filling up the online application was 21/05/2023. The Hall ticket for the written examination was available for downloading from 10/06/2023 and the examination date was. 28/06/2023. The applicant downloaded his Admit Card wherein it was clearly mentioned that he is eligible to appear in the examination only for the post of Junior Engineer(E&M) in PBMC.
That the applicant had adequate time, but he did not point out that he has been considered only for the post of JE(E&M) in PBMC and not for the post of Junior Engineer in Electricity Department. The applicant chose to appear in the examination on the basis of the Hall Ticket issued to him i.e. for the post of JE(E&M), PBMC and after having participated in the examination, when he found that he was not selected for appointment and aggrieved with the selection list, the applicant filed an O.A. before the Hon'ble CAT, Calcutta Bench, Circuit Sitting at Port Blair vide OA No.351/1379/2023 to consider his candidature for appointment Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 19 OA 351/168/2024 to the post of Junior Engineer in General category under the respondent No.6 & 7 by considering the Bachelor of Engineering in Mechanical and Production Engineering as the essential education qualification for the post of Junior Engineer. 4.5 In compliance of the order of the Tribunal in O.A. 1379 of 2023, the department examined his case with available records and found that the applicant was provisionally allowed to appear in the written examination held during 2019 after taking an undertaking from the candidates that their candidature will be considered only on receipt of clarification from the respective universities in respect of equivalency of their Degree in Mechanical Engineering stream/discipline. Since, the applicants were placed lower in merit, their cases were not taken up further for consideration.
4.6 Candidature of one Shri Nadeem Ahmed was also rejected by the department due to the same reason as he is also possessing Degree in Mechanical & Production Engineering. He had submitted his representation vide e-mail dated 22.06.2023 and after examination of his representation, reply had been furnished to him vide e-mail dated 26.06.2023.
Accordingly, the department disposed of the representation of the applicant vide order No.921 dated 29/12/2023.
4.7 Learned Counsel for the respondents submts that apart from the applicant, the department has also rejected the application of other candidate with similar reasons and at this juncture the case of the applicant cannot be considered, because this will badly affect the entire recruitment process. Moreover, other candidates whose cases were rejected by the department on similar grounds will also claim for their eligibility/appointment and that will open a pandoras box for unlimited litigation.
Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 20 OA 351/168/2024 That eligibility of the candidates has been determined purely on the basis of the specific educational qualification prescribed in the RR without any deviation.
During 2018-19 also the applicant was allowed to appear in the examination provisionally and that did not create any right for appointment. The applicant is not eligible for the post of Junior Engineer, Electricity Department and accordingly, the department issued a speaking order to the applicant vide order No.921 dated 29/12/2023.
4.8 The merit list cited by the applicant is merely the list of candidates who had qualified in the written test and were considered eligible to be called for document verification. It did not create any right to appointment in favour of any candidate. There is only one post of JE(E&M) in PBMC was available under General category and as per the list of shortlisted candidates, Shri Mohammed Shameer was positioned at Sl. No.17, whereas the applicant is positioned at Sl.No.18 and he was below the merit.
Since the requisite documents were already available with the department, as such there was no need to take it again from the applicant. It is further submitted that the claim of the applicant was duly examined by the Department with available records and record reveals that the applicant was provisionally allowed to appear in the written examination held during 2019 after taking an undertaking from the candidates that their candidature will be considered only on receipt of clarification from the respective universities in respect of equivalency of their qualified Degree in Mechanical Engineering stream/discipline. However, the applicants were placed lower in merit, their cases were not taken up further for consideration. To allow the candidate provisionally to appear in the examination does not create any right for appointment until he fulfils all the requisite eligibility conditions at the time of final selection. The department has strictly adhered to the Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 21 OA 351/168/2024 provisions of Recruitment Rule and in the RR there is no provision to accept the equivalent qualification. The RR has clearly specified the requisite educational qualifications. The extant Recruitment Rule of the Junior Engineer, Electricity department does not provide any provision of Equivalence". Moreover, it is not feasible for the department to verify the equivalency of the different course/discipline of Degree/Diploma certificate submitted by the candidates at each and every time and it will also hamper the recruitment process. 4.9 As per Para 2, clause 3.8.1 of DoPT's O.M No.AB.1407/48/2010-Estt(RR) dated 31.12.2010 regarding guidelines for framing of RR, stipulates that "The Ministries/Department may clearly specify the educational qualifications and thereby, avoid usage of the term 'or equivalent'. They are also instructed to clearly prescribe an exhaustive list of educational qualifications so as to match the duties and responsibilities of the post". In terms of the above guidelines, the Recruitment Rule clearly prescribed an exhaustive list of educational qualification as mentioned above and as such no candidate having equivalent qualification has been considered for appointment to the post of Junior Engineer, Electricity Department.
The department has strictly adhered to the RR without any deviation and in line the department rejected the candidature of the applicant for the post of Junior Engineer, Electricity Department.
5. Heard the parties. Perused material on record.
6. Applicant has mainly relied on his submissions made in OA. 1379 of 2023 and on our order in that OA dated 1.12.2023 Respondents on the other hand have essentially relied on their following arguments to justify their decision in rejecting the applicants claim. Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 22 OA 351/168/2024
(i) The Admit card issued to the applicant on 10/05/2023 clearly mentioned that he was allowed to appear in the written examination only for the post of JE (E&M) in PBMC. He had two weeks time to raise objection against this decision. He did not do so and appeared in the examination on the basis of the same Admit Card.
After not being selected on merit, he cannot claim appointment.
(ii) The applicant was provisionally allowed to appear in the examination held in 2019 subject to verification from the university concerned. Since he was lower down in the merit list in the selection held in 2019, his downments were not verified further. Merely appearing provisionally in the examination does not bestow any right to claim appointment.
(iii) Candidature of one Nadeem Ahmed was rejected by the respondents on the same grounds as that of the applicant. There were several other candidates similarly placed as the applicant whose candidature was not considered as their educational qualification did not exactly match the educational qualification required for the post.
(iv) As per DOPT OM dated 31/12/2010, educational qualification required for a post should be spelt out exhaustively and words like "equivalent" should be avoided. Therefore, the department had carefully laid down the degrees which were eligible to be considered for the post of JE and the respondents cannot go beyond their own Recruitment Rules which does not specially list a degree in Mechanical and Production Engineering in the eligibility conditions.
Respondents argument that the applicant did not object to his candidature for the post of only JE (E&M), PBMC in time thereby forfeiting his claim to be considered for the post in Electricity Department has already been dealt with in our order in OA 1379 of 2023 (A&N) dated 1.12.2023, wherein it was held that the applicants' failure to object to the entry in the admit card is not a serious enough Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 23 OA 351/168/2024 lapse to justify his exclusion from consideration for the post of JE in Electricity Department. It is seen that the entry in the Admit Card simply stated JE (E&M) leaving it to the candidate to infer from the vacancy notice that the said post was only for PBMC. Respondents in their reply have stated that while issuing the Admit Cards, the respondents had issued instructions that if a candidate has not been issued the Admit Card, he can file his objection to his exclusion from the selection process before the date of written examination. In the instant case, applicant got his admit card albeit for the post of JE (E&M), but since he was issued with an admit card, the fact that he did not file any objection, cannot be held against him. It is therefore reiterated that not filing his objection to the entry in the Admit Card within time cannot be a sufficient reason for denying the applicant the opportunity to compete for the post of JE in the Electricity Department.
It was noted in our earlier order that the applicant was allowed to appear in the selection for JE in the Electricity Department in 2019 on the basis of his degree in Mechanical and Production Engineering. It is the contention of the respondents that he was provisionally allowed to appear in the written examination in 2019 subject to confirmation of equivalence in degrees from the issuing university. The applicant has since produced a letter from the issuing university confirming equivalence of their Mechanical and Production Engineering degree with degree in Mechanical Engineering. There is no satisfactory explanation either in the speaking order or in the respondents' submission for divergent stands adopted by the same department in 2019 and in 2023. Respondents state that since the applicant and other candidates with similar degrees were placed lower down in the merit list in 2019, their credentials were not finally verified. From the file noting and other documents annexed to the reply, we fail to understand what more verification with respect to the applicants' eligibility in the event of his selection in 2019 would have revealed to make him ineligible on grounds of his educational qualification. Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 24 OA 351/168/2024 Having applied their mind once to the subject in 2019 as would appear from the copies of the file noting annexed to the OA, we see no plausible reason to reverse the decision in a similar selection in 2023.
Respondents in their reply have stated that recognizing the degree in Mechanical and Production Engineering as one of the eligible degrees will open the Pandora's Box as it will give rise to claims from many similarly situated candidates whose candidature was rejected by the department. Apart from citing the case of one Nadeem Ahmed who approached the department after the written examination in which presumably he was not allowed to appear, the respondents have not indicated the number of candidates who are identically placed as the applicant. We have gone through the details of the applicant in this OA as well as in OA No. 1379 of 2023. It is made clear that decision in this OA is applicable only to the applicant herein without any reference to any other candidate whose details are not available in the instant OA.
Respondents have cited the following instructions in DOPT OM dated 31/12/2010 with regard to framing of Recruitment Rules:
3.8.1 Column 7: (Educational and other qualifications required for direct recruits).
The minimum educational qualifications and experience required for direct recruitment may be indicated as precisely as possible, if necessary, these may be divided into two parts, viz., "Essential Qualifications" and "Desirable Qualifications". These requirements vary from post to post depending upon the scale of pay and the nature of duties. But they should be determined, as far as possible, keeping in view the provisions in the approved Recruitment Rules for similar posts and higher and lower posts in the same hierarchy. The Ministries/ Departments may clearly specify the educational qualifications and thereby, avoid usage of the term 'or equivalent'. They are also instructed to clearly prescribe an Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 25 OA 351/168/2024 exhaustive list of educational qualifications so as to match the duties and responsibilities of the post.
Respondents claim to have scrupulously followed the above quoted instructions while framing the eligibility conditions in the Recruitment Rules by specifying the degrees in particular branches of engineering eligible for recruitment to the post of JE in the electricity department. They have also not included the word "or equivalent" while specifying the eligibility criteria. The above quoted instructions are for framing of the Recruitment Rules. These instructions do not specifically prohibits the consideration of equivalent degrees in actual recruitment for the simple reason that while it is desirable to be a specific and exhaustive in framing rules for recruitment, it is not possible to foresee all contingencies that may arise during actual implementation of such rules. With multiplicity of universities and other instructions issuing multitude of degrees in a large, diversified and decentralized country like India, it would be a travesty to straitjacket all engineering degrees into a limited number only on the basis of their nomenclature without regard to the curriculum leading to such degrees.
In view of the discussions above, in our considered opinion, the respondents have erred in rejecting the candidature of the applicant for the post of JE in Electricity Department on the basis of the degree in Mechanical and Production Engineering possessed by him. Since the applicant had appeared in the selection test and obtained a high position on the merit list, Respondents are directed to grant him appointment as JE in Electricity Department within a period of 90 days. It is made clear that appointments already made to the said posts are not to be disturbed and if necessary, a supernumerary post should be created to accommodate the applicant.
Digitally signed by Dharna rawat Dharna DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0 26 OA 351/168/2024
7. OA is disposed of. No costs.
(Suchitto Kumar Das) (Urmita Datta (Sen))
Administrative Member Judicial Member
DR
Digitally signed by Dharna rawat
Dharna
DN: C=IN, CN=Dharna rawat, O=Central
Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal, postalCode=700020, serialNumber= 7d43919c17542b4adb150806aaf48ebb8c556079fae0 64e0809be822758c47de, telephoneNumber= aed2f6fed6cd6db725de71ab523b147a42fb9045a9220 rawat ccdeba7cd820ed32045 Reason: I am the author of this document Location:
Date: 2026.04.02 13:03:07+05'30' Foxit PDF Reader Version: 2025.3.0