Punjab-Haryana High Court
Amjad Ahmed vs State Of Haryana And Others on 16 August, 2013
Author: M.M.S. Bedi
Bench: M.M.S. Bedi
CWP No. 6730 of 2011 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CWP No. 6730 of 2011
Date of Decision: August 16, 2013
Amjad Ahmed
.....Petitioner
Vs.
State of Haryana and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:- Mrs. Anu Chatrath Kapur, Advocate
for the petitioner.
Mr.R.D. Sharma, DAG, Haryana.
-.-
M.M.S. BEDI, J. (ORAL)
The petitioner through instant petition under Article 226 of the Constitution of India has challenged the order annexure P-13 by virtue of which the petitioner has been declared ineligible for the post of Wireman Instructor despite the fact that the petitioner was interviewed by the Selection Committee consisting of experts and was placed at No.3 in the merit list. A direction has been sought against the respondents to appoint him on the post of Wireman Instructor as per the merit prepared by the Gupta Sanjay 2013.09.06 12:48 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No. 6730 of 2011 [2] Selection Committee placing him at Sr. No.3 against three advertised posts of Wireman Instructor.
Briefly stated the case of the petitioner as pleaded is that he has passed matric from the Board of School Education, Haryana with Hindi as one of the subjects and completed two years training in the trade of Electrician from ITI Ferozepur Jhirka in July 2004. He has passed Crafts Instructors Training (Modular Pattern) in Electrician trade with Module - Engineering Technology in October 2009 from Advanced Training Institute, Kanpur which is run by the Government of India, Ministry of Labour and Employment. The petitioner also passed the Crafts Instructors Training (Modular Pattern) in Electrician Trade with Module Trade Technology-I in February 2010 from Advanced Training Institute, Kanpur. After completing the Crafts Training for Instructors, the petitioner was selected as Electrician (Apprenticeship Trainees) Dakshin Haryana Bijli Vitran Nigam Limited, Sohna (for short 'the DHBVNL'). He worked from October 14, 2004 to October 14, 2006 as Electrician in DHBVNL. Thereafter he was selected and appointed as Electrician under M/s Dhruv Globals Limited, Faridabad where he worked from October 20, 2006 to May 1, 2008. The petitioner was thereafter appointed as Electrician Instructor in ITC Sardhana Road, Meerut. He joined on June 1, 2008. The petitioner belongs to Meo Caste which has been recognized as Backward Class as per certificate annexure P-
8. A number of posts of Instructors were lying vacant in various Industrial Training Institutes at Mahendergarh, Narnaul, Mallarwas, Daroli Ahir, Gupta Sanjay 2013.09.06 12:48 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No. 6730 of 2011 [3] Sujapur and Women Wing, Narnaul. As per the approval of Finance Department, the respondents decided to fill up those posts as per the policy decision of the Haryana Government dated February 16, 2009 through out- sourcing. An advertisement was issued by the Principal-cum-Member Secretary, IMC Society of ITI, Narnaul for filling up various posts of Instructors in the Training Institutes in District Mahendergarh on contract basis on fixed salary of Rs.12500/- per month. As per the advertisement, various posts including three posts of Wireman Instructors were to be filled up. As per the advertisement, the petitioner submitted application form with complete bio data alongwith qualification and experience certificate with Demand Draft of Rs.200/- in the name of Principal-cum-Member Secretary, IMC Society of ITI Narnaul within the period prescribed i.e. before October 15, 2010. The interview was scheduled to be held on October 20, 2010 in the Office of Principal, ITI, Mahendergarh. It was stipulated in the advertisement that the contract was for a period of six months which was to be terminated on availability of regularly selected candidates or surplus regular employees or due to the closure of the trade. The petitioner appeared in the interview before the Selection Committee of ITI Mahendergarh on October 20, 2010. The Selection Committee prepared the merit list which is as follows:-
Sr. Name of the Marks of Academic Marks Interview Total Remarks No. Candidate Performance as per Marks Marks criteria given by (A+B) (A) Committe e Members (B) Gupta Sanjay 2013.09.06 12:48 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No. 6730 of 2011 [4] NCT+ Matric Experie CTI/ nce Diploma
1. Sikander 4.96 5.33 -- 10.29 3.00 13.29 Diploma Incompetent
2. Jagdish 23.61 23.11 10.00 56.72 7.00 63.72 Diploma Selected Parshad 41 years
3. Narender 23.33 1.50 -- 29.83 5.00 34.83 ITI+ Singh CTI
4. Amjad 22.54 2.83 4.00 29.37 6.00 35.37 ITI+ Ahmed CTI (Petitioner)
5. Ramesh 25.50 -- 2.00 27.50 5.00 32.50 ITI+ Kumar CTI
6. Sanjeet 26.14 14.33 -- 40.47 8.00 48.47 ITI+ Kumar CTI selected Jagdish Prashad and Sanjeet Kumar who were at No. 1 and 2, were selected but the petitioner had been placed at No.3 after considering his merit by ITI and experts. Copy of the merit list has been placed on record as annexure P-10. The petitioner was not issued appointment letter despite he having been selected against one of the three posts of Wireman Instructor. He sent a legal notice annexure P-12.The petitioner submitted representation to the Member, National Minorities Commission that despite having been selected on merit he has not been given appointment. The Joint Director Administration, Industrial Training Department, Haryana wrote a letter dated February 23, 2011 to the Member, National Minorities Gupta Sanjay 2013.09.06 12:48 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No. 6730 of 2011 [5] Commission, Delhi stating that for filing up three posts of Wireman Instructor in IMC Society of ITI, six candidates appeared for interview but only two candidates were found eligible and other candidates have not been found eligible by the Committee. The petitioner was declared ineligible candidate.
The grievance of the petitioner is that despite the fact that he fulfills all the eligibility conditions as per the Rules called Haryana Industrial Training and Vocational Education Department Field Offices (Group C) Service Rules, 1998, the respondents have acted illegally in refusing appointment to the petitioner whereas the post of Wireman Instructor is still lying vacant at ITI Daroli Ahir.
When put to notice, the respondents have admitted the factum of petitioner having been selected. Respondent No.3 has pleaded that in view of letter annexure R-1 sent from Director to all the Principals, the post could be filled only from a candidate with Diploma in concerned trade. The letter annexure R-1 is reproduced hereunder:-
"From Director, Industrial Training, Haryana, Chandigarh.
To All Principals/ GI Incharge/ Head Mistress, Industrial Training Institutes/ Industrial Training Gupta Sanjay 2013.09.06 12:48 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No. 6730 of 2011 [6] Institutes (W) in Haryana State. Memo No. TE/DC rate/ Appointment/ Admn II Dated 17.9.2010 With reference to letter dated 6.8.2010 of the Govt. of India on the aforementioned subject.
You are requested that where the qualification is NTC/ CTI in trades or Diploma and two posts are sanctioned in that trade then out of those two posts, one should be filled up from NTC/CTI and another should be filled up from diploma in trade. If one post is already filled up by NTC/ CTI then another post should be filled up by diploma in concerned trade.
Sd/-Dy. Director (Admn.-II) For Director, Industrial Training Deptt., Haryana."
On the basis of the above said letter, respondents No.3 and 4 in the written statement have taken up a plea that there are two posts of Wireman Instructor for ITI at Daroli Ahir. One post is already filled up by Surinder Kumar whose qualification is NCT/ CTI in Electrical Trade which is equivalent to ITI having experience of 20 years in Air Force and he is still working there. So far as another post is concerned, it was to be filled up by the candidate who is having Diploma in Electrical Trade as per letter dated September 17, 2010 but the petitioner is having qualification of ITI in Electrical Trade so he does not fulfill the terms and conditions of the Gupta Sanjay 2013.09.06 12:48 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No. 6730 of 2011 [7] appointment in question. In this context the reliance has been placed on letter dated September 17, 2010, copy of which has been appended as annexure R-1. The letter annexure R-1 issued by the Director, Industrial Training, Haryana, adopting a policy that if one post is filled up by NCT/ CTI, then the other post should be filled by Diploma in concerned trade. The instructions annexure R-1 dated September 17, 2010 making place for Diploma holders in the concerned trade by reserving part of the vacancies of Wireman Instructors appears to be contrary to the eligibility criteria prescribed under Haryana Industrial Training and Vocational Education Department Field Offices (Group C) Service Rules, 1998, for short 'the Rules' provide for the following qualification for the post of Wireman Instructor:-
"(g) Wireman/ Electrician/ Radio and TV Instructor/ Electronics Mechanic:
(i) National Trade Certificate in Electrician or Wireman or Radio and TV or Electronics Mechanic trade, as the case may be;
OR National Apprenticeship Certificate in Electrician or Wireman or Radio and TV or Electronics Mechanic, as the case may be after passing National Trade Certificate and Craft Instructor Training Course in concerned trade;
Gupta Sanjay 2013.09.06 12:48 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No. 6730 of 2011 [8]
OR Diploma in Electrical Engineering or Electronics Engineering as the case may be, from State Board of Technical Education of any State;
(ii) Practical/ teaching experience (ii) not less than five years including the period mentioned in (i) above from a reputed industrial concern or recognized institute;
(iii) Knowledge of Hindu upto Matric Standard."
So far as the petitioner is concerned, he is eligible as per the above said Rules having National Trade Certificate in Electrician. A perusal of the result of the interview annexure P-10 indicates that Jagdish Prashad, Diploma Holder and Sanjeet Kumar, ITI/ CTI Certificate holder have been selected on the basis of their qualification. So far as petitioner is concerned he was the next candidate with ITI + CTI Certificate but he has been denied assignment on the basis of the Government instructions on the ground that he does not hold the qualification of National Trade Certificate in Wireman whereas respondents No.3 and 4 wanted a Diploma holder in Electrical Engineering as per the decision annexure R-1 to the effect that out of two instructors one instructor should be degree holder whereas the other should be diploma holder in the concerned trade. The instructions annexure R-1 conferring ineligibility on the petitioner despite the fact that he is eligible as per the Rules of 1998, cannot supersede the service Rules. It is settled Gupta Sanjay 2013.09.06 12:48 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No. 6730 of 2011 [9] proposition of law that the administrative instructions or circulars cannot be substituted for statutory rules. The statutory service rules cannot be amended by notifications or circulars. In this context, the judgment of Supreme Court in Dr.Rajinder Singh Vs. State of Punjab and others, (2001) 5 SCC 482. can be relied upon where the promotions made in contravention to the statutory rules were held to be not sustainable as the notification contrary to the statutory qualifications were followed, during promotion. The petitioner who is eligible under Rule 2 (g) having to his credit National Trade Certificate could not have been denied appointment against the third vacancy, he being a selected candidate on merits with requisite qualifications.
In view of the above, the order annexure P-13 declaring the petitioner as ineligible is hereby set aside. It has been informed that the third post of Wireman Instructor is still vacant in ITI, Daroli Ahir. In view of the said circumstances, a direction is issued that the petitioner will be appointed on contract basis as Wireman Instructor on the basis of selection annexure P-10 in the Industrial Training Institute, Daroli Ahir within a period of one month after the receipt of a certified copy of this order.
Allowed in the aforesaid terms.
August 16, 2013 (M.M.S.BEDI)
sanjay JUDGE
Gupta Sanjay
2013.09.06 12:48
I attest to the accuracy and
integrity of this document
High Court Chandigarh