Uttarakhand High Court
WPSS/2408/2019 on 23 September, 2022
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
Office Notes,
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WPSS No. 2408 of 2019
WPSS No. 2409 of 2019
WPSS No. 2410 of 2019
Hon'ble Manoj Kumar Tiwari, J.
Mr. Shailendra Nauriyal, learned counsel for the petitioners.
Mr. V.S. Rawat, learned Brief Holder for the State of Uttarakhand.
Mr. Abhilash Nailwal, Advocate holding brief of Mr. Pankaj Purhoit, learned counsel for respondent no. 4.
Since common questions of fact and law are involved in these petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity, facts of WPSS No. 2408 of 2019 are being considered.
Petitioners possess Diploma in Electronics/Electrical Engineering. They responded to an advertisement issued by Uttarakhand Subordinate Service Selection Commission in the year 2017 for the post of Technician Grade-II (Electrical) in Uttarakhand Jal Vidhut Nigam Ltd. Petitioners were permitted to appear in the written examination and they were declared successful. However, at the time of document verification, their candidature was rejected vide order dated 07.08.2019 passed by the Selecting Body. Thus, feeling aggrieved, petitioners have approached this Court.
The sole question which falls for consideration in these writ petitions is whether Diploma in Electronics/Electrical Engineering possessed by petitioners is sufficient for appointment as Technician Grade-II (Electrical).
The field is covered by Uttar Pradesh State Electricity Board Operational Employees Service Regulation, 1995. As per Appendix 1 (B) to the said Regulation, Technician Grade-II (Electrical) comprises of different posts like, Sub-Station Operator, Station Board Operator, Meter Reader, Meter Tester/Repairer, Meter Mechanic, Junior Electrician Operator Grade-II etc. The educational qualification for the posts classified as Technician Grade-II, as given in the Regulation, is produced below:
"High School with Science & Math subjects with Trade Certificate in Electrician Trade from All India/State Trade Certificate and two years experience."
Mr. Vinay Kumar, learned counsel for respondent nos. 2 & 3 submits that Uttarakhand Jal Vidhut Nigam Ltd. amended the aforesaid Regulations in 2010 and by the said amendment, "Trade Certificate in Electrical Trade" was substituted by the expression "Trade Certificate in Electrical or Electronics". He has drawn attention of this Court to the advertisement issued by Selecting Body, which is on record as Annexure - 2 to the writ petition.
The qualification required for the post of Technician Grade-II (Electrical) is mentioned in the advertisement as High School Certificate with Maths & Science subjects from a recognised Board and Certificate in Electrician or Electronics Trade from All India/State authority.
Learned counsel for petitioners submits that Diploma possessed by petitioners is a higher qualification, therefore, a candidate with higher qualification cannot be denied appointment merely because the Regulation provides for a lower qualification i.e. ITI.
Per contra, learned counsel for the respondents contends that since the Recruitment Rules lay down that only a candidate with certificate in Electronics/Electrical Trade is eligible, therefore, a candidate with some other qualification will not be eligible, even though the qualification possessed by him may be treated as a higher qualification. He further submits that there is nothing in the Rules to indicate that holder of equivalent qualification is also eligible. He thus contends that when the Rules are clear, then there is little scope for interpretation; since the Rules provide that a candidate with only Trade Certificate can be appointed, then a person possessing Diploma/Degree in Electrical/Electronic Engineering cannot be considered for appointment.
This Court finds substance in the contention raised on behalf of respondents. It is not a case where Rules provide that possession of equivalent qualification would make a candidate eligible for appointment. Since the Rules unequivocally provide that a candidate possessing Trade Certificate alone is to be appointed, therefore, anyone who does not possess the qualification, as mentioned in the Rules, cannot be held to be eligible.
Similar question was decided by this Court vide judgment dated 20.04.2022 rendered in WPSS No. 1936 of 2019. The said judgment applies to the facts of this case also. Relevant extract of the said judgment is reproduced below:-
"10. Learned counsel for the petitioner has placed reliance upon the judgment rendered by Division Bench of this Court in Special Appeal No. 349 of 2018 in support of his contention that Degree in Computer Science is higher qualification compared to Diploma in Computer Application. However, the said contention is unacceptable in view of the judgment rendered by Hon'ble Supreme Court in the case of Zahoor Ahmad Rather & others (SUPRA). Learned counsel for the petitioner has laid emphasis on the expression 'minimum' in the service Rules for contending that Diploma in Computer Application is the minimum qualification required for appointment to the post, therefore, anyone who possesses a higher qualification can also be appointed. The said submission is bereft of merit, as expression 'minimum' used in service Rules refers to the duration of the Diploma course and it cannot be interpreted so as to make Degree holders eligible. On careful perusal of the relevant Rule, it becomes apparent that one must possess Diploma in Computer Application from a recognized institution and the duration of Diploma Course should not be less than one year. In such view of the matter also, rejection of petitioner's claim for appointment cannot be faulted."
In view of the above discussion, there is no scope for interference in the matter.
Accordingly, writ petitions fail and are hereby dismissed. Interim order(s), if any, stand vacated. The Selecting Body is at liberty to proceed with the selection in accordance with law.
(Manoj Kumar Tiwari, J.) 23.09.2022 Aswal