Karnataka High Court
Union Of India vs Sri Prashant Kumar Soni on 8 December, 2023
Author: P.S. Dinesh Kumar
Bench: P.S. Dinesh Kumar
W.P. No.48027/2017
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT PETITION NO. 48027 OF 2017 (S-CAT)
BETWEEN:
1. UNION OF INDIA
MINISTRY OF RAILWAYS
NEW DELHI-100 001
THROUGH ITS SECRETARY
2. RAILWAY RECRUITMENT BOARD
# 18, MILLERS ROAD
BANGALORE-560 046.
THROUGH ITS CHAIRMAN ...PETITIONERS
(BY SHRI. B. PRAMOD, CGC)
AND:
SRI. PRASHANT KUMAR SONI
S/O KAILASH CHANDRA SONI
AGED ABOUT 29 YEARS
RESIDING AT NR POST OFFICE
BHILAI-3, DURG
CHATTISGARH-490 021. ...RESPONDENT
(BY SHRI. KARTHIKEYA KHANNA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD
16.06.2017 PASSED IN OA NO. 1264 OF 2015 BY THE CENTRAL
W.P. No.48027/2017
2
ADMINISTRATIVE TRIBUNAL, BANGALORE VIDE ANNX-J AND
CONSEQUENTIALLY DISMISS THE APPLICATION AND ETC.
THIS WRIT PETITION, HAVING BEEN HEARD AND RESERVED FOR
ORDERS ON 21.11.2023, COMING ON FOR PRONOUNCEMENT OF
ORDERS THIS DAY, P.S. DINESH KUMAR, J., PRONOUNCED THE
FOLLOWING:-
ORDER
This writ petition by the Railways is directed against order dated 16.06.2017 in O.A. No.1264/2015 passed by the CAT1, Bengaluru.
2. For the sake of convenience, parties shall be referred as per their status before the CAT.
3. Brief facts of the case are, on 21.07.2007, Railway Board issued a Notification calling for applications for the post of Assistant Loco Pilot (ALP) from eligible candidates. In response to the said Notification, Respondent - Prashant Kumar Soni submitted his application and appeared for the examination and the Aptitude test. He also appeared for verification of documents on 04.12.2008 and submitted his testimonials. On 13.05.2009, Railways sought a clarification 1 Central Administrative Tribunal W.P. No.48027/2017 3 from the applicant as to whether the Diploma in Communication Engineering held by him is equivalent to Diploma in Electronics Engineering or Electronics and Communication Engineering, which were the prescribed qualifications. Applicant sent a equivalence certificate issued by the Maharashtra State Board of Technical Education stating that the qualification held by him was equivalent to Diploma in Electronics and Communication. On 08.06.2010, applicant's candidature was rejected on the ground that the course was not approved by the AICTE2. Applicant challenged the same before the CAT in O.A. No.191/2011 and it was allowed directing the Railways to appoint the applicant as an ALP.
Railways challenged the said order in W.P. No.39805/2012 and also issued a communication dated 03.10.2012 stating that applicant's case was considered in the light of the order in O.A. No.191/2011 and it was found that applicant's educational qualification was not equivalent to the one prescribed in the Notification. Applicant challenged the 2 All India Council for Technical Education W.P. No.48027/2017 4 said communication in the instant application and the said application has been allowed by the impugned order.
4. Shri. Pramod, learned Standing Counsel for the Railways, praying to allow this writ petition submitted that:
The direction issued by the CAT to issue orders appointing the applicant to the post of ALP within one month therefrom, is unsustainable in law because, the applicant does not possess the qualification prescribed in the Notification; in the Notification dated 21.07.2007, the qualification prescribed for the post of ALP is very specific, whereas, for other posts such as Traffic Apprentice, Railway Commercial Apprentice and Goods Guard, applications were called for from candidates having equivalent qualification.
5. In substance, Railways' case is that applications were called for from the candidates having specific W.P. No.48027/2017 5 qualification prescribed in the Notification for the posts of ALP and the applicant did not possess the said qualification.
6. Shri. Pramod has placed reliance on:
Ankita Thakur and Others Vs. H.P. Staff Selection Commission and Others3 South Western Railway Vs. Fakruddin Baba Sahib4
7. Shri. Karthikery Khanna, learned Advocate for the respondent/applicant submitted that the applicant's qualification is equivalent to the one prescribed in the advertisement. The Maharashtra State Board of Technical Education has certified that the Diploma Programmes run by Yashwant Rao Chavan, Maharashtra Open University, Nashik under Distance Education are equivalent to Diploma Courses offered by Maharashtra State Board of Technical Education. Adverting to the Annexure-5, he submitted that the Diploma in Communication Engineering passed by the applicant is equivalent to Diploma in Electronics and Communication 3 2023 SCC OnLine SC 1472 (para 57) 4 W.P. No.67479/2011 decided on 18.02.2015 W.P. No.48027/2017 6 Engineering. One of the eligibility criteria notified in the advertisement is Diploma in Electronics. The CAT having considered all these aspects, has rightly directed the Railways to issue orders appointing the applicant and it does not call for any interference.
8. We have carefully considered rival contentions and perused the records.
9. Undisputed facts of the case are, Railway Recruitment Board has called for the posts of Assistant Loco Pilot. The required qualification mentioned in the advertisement reads as follows:
"Matriculation pass plus a) I.T.I in Specified trades/act. Apprenticeship OR b) Diploma in mech. / Elec. / Electronics / Automobile Engg. in lieu of I.T.I Specified trades for the purpose of (a) above are: (i) Fitter (ii) Electrician
(iii) Instrument Mechanic (iv) Millwright / Maintenance Mechanic (v) Mechanic (Radio & TV) (vi) Electronics Mechanic (vii) Mechanic (Motor Vehicle) (viii) Wireman
(ix) Tractor Mechanic (x) Armature & Coil Winder
(xi) Mechanic (Diesel) (xii) Heat Engine (xiii) Turner
(xiv) Machinist (xv) Refrigeration & ACT Mechanic."
(Emphasis Supplied) W.P. No.48027/2017 7
10. Railways' case is, the post of Loco Pilot is a very responsible post and therefore, the qualification for the post has been prescribed in specific terms, unlike for the posts of Traffic Apprentice or Goods Guard, for which, equivalent degrees are also considered. We have perused the Employment notice 1/2007.
11. Shri. Pramod is right in his submission that in respect of ALP, the qualification is specific, whereas, in respect of Traffic Apprentice and Goods Guard, the candidates having equivalent qualifications are also eligible.
12. We have perused the Certificate obtained by the applicant. It is a Diploma in 'Communication Engineering' from Yashwant Rao Chavan, Maharashtra Open University, Nashik. We have also perused the application form filed by the applicant. In the application he has mentioned his qualification as 'ELE & COMM'. To a pointed query on this aspect, it was submitted by the learned Advocate for applicant that the qualification mentioned as Electronics and Communication W.P. No.48027/2017 8 Engineering, is based on the Certificate issued by Maharashtra State Board of Technical Education.
13. It was urged by Shri. Pramod that applicant's qualification was not certified by IGNOU5 because, applicant has obtained his Certificate in April 2005 and IGNOU has recognized the Certificate from and after 08.04.2008. To support this contention, he relied upon Annexure-F which is a communication dated 08.04.2008 issued by IGNOU to the Vice Chancellor of Yashwant Rao Chavan Maharashtra Open University. It shows that recommendation was accorded for a period five years from 08.04.2008.
14. In Ankitha Thakur relied upon by Shri. Pramod, it is held as follows:
"In light of the law above, since we find that there exists no provision in the extant Rules or the advertisement to treat any other qualification as higher or equivalent to the one specified therein, the claim of such candidates, who could not demonstrate that they held the prescribed essential qualifications, is liable to be rejected and has rightly been 5 Indira Gandhi National Open University W.P. No.48027/2017 9 rejected by the High Court as well. Issue No. (vi) is decided accordingly."
(Emphasis Supplied)
15. In the instant case, admittedly, the applicant has obtained Diploma in Communication Engineering in April 2005 from Yashwant Rao Chavan Maharashtra Open University under distant education. IGNOU has recognized the said University with effect from 08.04.2008. It is settled that an employer cannot be compelled to appoint Technical staff on the ground that the qualification could be equivalent to the one prescribed by the employer. The employer is the best Judge to decide the required qualification. As noticed hereinabove, unlike in the case of other posts such as Traffic Apprentice, Goods Guard, Railways have not called for applications for Loco Pilots from candidates holding equivalent qualification. Therefore, in our considered view the direction issued by the CAT to appoint the applicant is unsustainable in law.
W.P. No.48027/201710
16. In the result, this petition must succeed. Hence, the following:
ORDER
(a) Writ petition is allowed.
(b) Order dated 16.06.2017 is quashed.
(c) Application No. 1264/2015 is dismissed.
No costs.
Sd/-
JUDGE Sd/-
JUDGE SPS