Punjab-Haryana High Court
Rajvir Singh And Others vs State Of Punjab And Others on 15 February, 2023
Author: Arun Palli
Bench: Ravi Shanker Jha, Arun Palli
Neutral Citation No:=2023:PHHC:045447-DB
LPA No.727 of 2022 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
LPA No.727 of 2022 (O&M)
Date of Decision: 15.02.2023
Rajvir Singh and others
......Appellants
Versus
State of Punjab and others
......Respondents
CORAM: HON'BLE MR.JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE
HON'BLE MR.JUSTICE ARUN PALLI, JUDGE
Present : Mr. Gopal Singh Nahel, Advocate for the appellants.
ARUN PALLI, J.
This is an intra Court appeal, under Clause X of the Letters Patent, against an order and judgment dated 19.07.2022, rendered by the learned Single Judge, vide which the writ petition preferred by the appellants has since been dismissed.
Learned counsel for the appellants has virtually reiterated the submissions that were advanced before the learned Single Judge, that pursuant to an advertisement No.1/2021, dated 21.02.2021, 253 posts of Tubewell Operator were advertised by the Punjab Water Resources Management and Development Corporation. For, a candidate to be eligible he was required to possess: Matric with Punjabi + 2 year ITI certificate in Electrician trade from Govt./recognized ITI. Whereas, the appellants were holder of Trade Certificate in Pump Operator-cum-
Mechanic (1 year) Course. Thus, they challenged the advertisement, for, the eligibility qualification prescribed by the authorities were contrary to the nature of the post of Tubewell Operator, which was/is mechanical in 1 of 8 ::: Downloaded on - 29-05-2023 19:40:16 ::: Neutral Citation No:=2023:PHHC:045447-DB LPA No.727 of 2022 (O&M) 2 nature. Further, in reference to the order dated 22.09.2011, passed by a Single Bench of this Court in CWP No.6356 of 2011 (P3), he submits that even earlier the respondents had amended an advertisement that required ITI Certificate in Electrical Trade to add the qualifications possessed by the petitioners therein. An order dated 28.09.2012, passed in LPA No.2297 of 2011, was also referred to, to stress that even during the previous recruitment, respondents had accepted diploma in Pump Operator-cum-Mechanic, and, therefore, the condition that a candidate must possess two years ITI Certificate in Electrician Trade is wholly erroneous and unsustainable. Further, even the letter dated 09.03.2020 (P4), issued by the Executive Engineer, Punjab Water Supply and Sewerage Board, Sangrur, showed that candidates with Pump Operator and Mechanic Diploma were eligible to operate the water work. But, the learned Single Judge apparently failed to examine/analyze the claim of the appellants, in the right perspective.
We have heard learned counsel for the appellants and perused the records.
Concededly, the posts that were advertised and sought to be filled were of a Tubewell Operator. As indicated earlier, for, a candidate to compete for selection he/she was required to possess two years ITI Certificate in Electrician trade from Govt./recognized ITI. It is not in dispute that appellants did not possess the prescribed qualification, for, they possess a trade certificate in Pump Operator-cum-Mechanical (1 year) course. The order dated 22.09.2011 (ibid) upon which reliance is sought to be placed would not advance the cause of the appellants either.
2 of 8 ::: Downloaded on - 29-05-2023 19:40:16 ::: Neutral Citation No:=2023:PHHC:045447-DB LPA No.727 of 2022 (O&M) 3 For, in those proceedings the posts in question were of Pump Operators and not Tubewell Operators. Similarly, the reliance placed upon an order dated 28.09.2012 (ibid), to contend that even previously, while making recruitment, the respondents had accepted the Diploma in Pump Operator-
cum-Mechanic is equally mis-conceived as even in the said case the subject post was of a Pump Operator. Further, the letter dated 09.03.2020 (ibid) would also not advance the claim of the appellants, for all what it shows is that Superintending Engineer of the Board was requested to conduct a Course of Pump Operator-cum-Mechanical Trade at Principal Govt. Udyog Sikhlai Organization, Sunam (Uddam Singh Wala). And, subject of the said letter read as thus: "Subject: For making Pump Operator - cum - Mechanic as a technical qualification for the post of Pump Operator." Therefore, it has no concern with the claim of the appellants.
We consider it expedient to even refer to the specific stand, set out by the respondents, in the return, regarding: minimum qualification prescribed for the post of Tubewell Operator in Punjab Water Resources Management & Development Corporation Employees Service Bye-Laws, as amended from time to time, is Matric with Punjabi + 2 year ITI certificate in Electrician trade from Govt./recognized ITI. The respondents, in countenance of the qualification prescribed in the Bye-
Laws and the advertisement, have also given a comparative chart of the competency based curriculum for the Electrical Trade ITI vis-a-vis Pump Operator-cum-Mechanic Trade reads thus:-
3 of 8 ::: Downloaded on - 29-05-2023 19:40:16 ::: Neutral Citation No:=2023:PHHC:045447-DB LPA No.727 of 2022 (O&M) 4 Electrical Trade I.T.I. Pump Operator-cum-Mechanic Trade During the two years duration During one-year duration of of Electrician Trade a "Pump Operator cum candidate is trained on Mechanic" Trade, a candidate professional skills & knowledge, is trained on professional skills & Engineering Drawing, Workshop knowledge, Engineering Drawing, Calculation & Science and Workshop Calculation & Science Employability skill related to job and Employability Skill related to role. In addition to this a job role. In addition to this, a candidate is entrusted to candidate is entrusted to undertake project work and undertake project work, extracurricular activities to build extracurricular activities and on-
up confidence. The
Broad the-job training to build up
components covered during the confidence. The broad
course are given below: components covered under
FIRST YEAR: In this year the Professional skill subject are as trainee learns about safety and below:-
environment, use of fire The trainee learns to apply safe extinguishers, artificial working practices in a work shop; respiratory resuscitation to begin make choices to carry out with. He gets the idea of trade marking out the components for tools & its standardization, basic fitting operations in the identifies different types of work shop; use different types of conductors, cables & their tools and work shop equipment in skinning & joint making. Basic workshop; perform precision electrical laws like Kirchhoff's measurements on the components law, ohm's law, laws of and compare parameters with resistances and their application specifications used in work shop in different combinations of practices. He/she is able to use electrical circuit are practiced different type of fastening and along with laws of magnetism. locking devices in a in Diesel
4 of 8 ::: Downloaded on - 29-05-2023 19:40:16 ::: Neutral Citation No:=2023:PHHC:045447-DB LPA No.727 of 2022 (O&M) 5 The trainee practices on circuit Engine; cutting tools in the work for single phase and poly-phase shop following safety precautions circuits for 3 wire/4 wire balanced while grinding; perform basic & unbalanced loads. Skilling fitting operations used in the practice on different types & work shop practices and Combination of cells for inspection of dimensions; produce operation and maintenance is sheet metal components using being done. Wiring practice with various sheet metal operations; installation of different perform basic electrical testing in accessories like ICDP switch, a in Diesel Engine; perform distribution fuse box and battery testing and charging mounting energy meters are operations; construct basis practiced as per IE rules for electronic circuits and testing; hostel/residential building, manufacture components with workshop and its fault detection different types of welding are done by trainee. The trainee processes in the given job and will practice for pipe & plate inspect component using earthing. Different types of light Nondestructive testing methods. fitting are to be done like HP/LP During the later phase the trainee mercury vapour and sodium is familiarized with the vapour are prominent. The identification of hydraulic and trainee will practice on different pneumatic components in a Diesel types of measuring instruments Engine Pump. He/she is able to like multimeter, wattmeter, identify and check functionality energy meter, phase sequences of stationary Diesel Engine - meter, frequency meter, for components, & engine measurement of electrical performance on load and engine parameters in single & three speed; diagnose and troubleshoot phase circuits. He will gain skill Diesel Engines for mechanical & on range extension, calibration electrical causes; servicing of and testing of meters. Practice plain/journal bearings, anti- for dismantling, assembling and friction bearings; identify and 5 of 8 ::: Downloaded on - 29-05-2023 19:40:16 ::: Neutral Citation No:=2023:PHHC:045447-DB LPA No.727 of 2022 (O&M) 6 testing of heating element check functionality of major equipment, induction heating components and assemblies of equipment, grinding machines reciprocating pumps, rotary and washing machines will be pumps. They are trained to done by trainee. Skill will be ascertain and select measuring gained on transformer for instrument and measure operation, efficiency, series dimension of components and parallel operation, replacement of evaluate for accuracy; use transformer oil and combination different types of conventional of single-phase transformers for 3 and special tools, hardware, phase operation. The trainee will fasteners and work shop practice on winding of small equipment in the workshop; transformer. trouble shooting of pumps;
SECOND YEAR: In this year identify and check functionality of major components and the trainee will study the details assemblies of centrifugal pumps;
of electrical rotating machines identify and check functionality viz. DC machines, induction of major components and motors, alternators & MG sets assemblies of submersible pumps;
and practice on them. The carryout repairs in the fuel feed trainee will practice on system; apply safe working determining characteristics, their practices and environment performance analysis, starting, regulation in an workshop;
speed control and reversing construct electrical circuits and direction of rotation of machines.
test its parameters by using He will practice on parallel electrical measuring instruments operation & synchronization of etc. alternators, winding practice and over hauling will be practiced for DC machine and induction motors. Practices on diodes for bridge rectifier, switching devices & amplifiers by electronic 6 of 8 ::: Downloaded on - 29-05-2023 19:40:16 ::: Neutral Citation No:=2023:PHHC:045447-DB LPA No.727 of 2022 (O&M) 7 components, different wave shape generation and testing by CRO.
Designing control cabinet, assembling control elements and their wiring are to be practiced.
Speed control of AC/DC motors by electronic controller will be practiced. The trainee will practice on testing, analyzing and repairing of voltage stabilizer, emergency light, battery charger, UPS and inverter. He will gain knowledge of thermal, hydel, solar & wind energy systems.
The trainee will practice on distribution system, domestic service line and accessories & their protection by practicing on relay and circuit breaker for operation and maintenance.
Ex facie, the Electrical Trade ITI is a two years Course whereas Pump Operator-cum-Mechanic Trade is one year course and even the study material as also the practical knowledge of both the courses was different. Needless to assert that prescription of a requisite qualification for appointment to a particular post is the domain of the employer/recruitment agency, and thus, cannot be interfered with unless the prescribed qualifications are apparently arbitrary and irrational.
Further, as observed by the learned Single Judge selection in terms of the advertisement dated 21.02.2021, have since been carried out.
7 of 8 ::: Downloaded on - 29-05-2023 19:40:16 ::: Neutral Citation No:=2023:PHHC:045447-DB LPA No.727 of 2022 (O&M) 8 In the wake of the position, as sketched out above, we are dissuaded to interfere with the impugned order and judgment rendered by the learned Single Judge. The appeal being bereft of merit is accordingly dismissed.
(RAVI SHANKER JHA) (ARUN PALLI)
CHIEF JUSTICE JUDGE
15.02.2023
Manoj Bhutani
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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