Central Administrative Tribunal - Jabalpur
Chandra Kumar Ambilkar vs The Union Of India Through The Secretary on 13 June, 2016
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00398/2014
Jabalpur, this Monday, the 13th day of June, 2016
SHRI G.P.SINGHAL, ADMINISTRATIVE MEMBER
DR. MURTAZA ALI, JUDICIAL MEMBER
1. Chandra Kumar Ambilkar, S/o Shri Bholaram Amblikar, Age : 25 years, 8-Patherwada, Boda Bharweli, Balaghat (MP) 481102.
2. Mahesh Madanker, Age 22yrs, S/o Shri Chamarulal, Ward No.4, Shastri Chowk Near Chitragupt School Balaghat, 481001 MP.
3. Sunil Kumar Maneshwar, Age : 27 years, S/o Shri Rikhiram Maneshwar, Ward No.18, Khair Tola Pathri, Po. Chilloud, Lalburra, Balaghat 481331 MP.
4. Ravi Kumar Lilhare, Age : 22 years, S/o Ganga Ram Lilhare, Ward No.3, Village Amed (D), Po. Amed (D), Balaghat 481102 MP.
5. Bhanupratap Lilhare, Age : 23 years, S/o Shri Chintaman Lilhare, At & Po. Boda Bharweli, Balaghat 481001 MP.
6. Khemraj, Age : 28 years, S/o Shri Ramjathan, Behind Sona Kirana Store,
Naya Gaon, New Katni Junction MP 483501,
7, Dilip Kumar Yadav, Age : 21 years, S/o Shri Panchanand Yadav,
Vill. Ghonghadabar, Po. Lohari, PS. Chandan,
Bihar - 814131 -Applicants
(By Advocate Shri P. Shankaran)
V e r s u s
1. The Union of India through the Secretary,
Department of Defence Production & Supplies,
Ministry of Defence, South Block, New Delhi 110011.
2. The Director General, Ordnance Factories,
Ordnance Factory Board, 10-A, SK Bose Road, Kolkata 700001.
3. The General Manager, Ordnance Factory,
Khamaria, Jabalpur (MP) - 482005 -Respondents
(By Advocate Shri S.K. Mishra)
O R D E R
By Murtaza Ali, Member (J):
This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking following reliefs:
(1) Declare that the applicants have the recognized requisite educational qualification of ITI certificate in the Trade of Mason and Auto Fitter as required for the post for which they were selected by Respondent No.3.
(2) Quash the impugned orders dated 04/2/2013 canceling the candidature of the applicants for the post of Mason (SS) and Auto Fitter (SS) respectively.
(3) Direct the Respondent No.3 to permit the applicants to undergo the medical examination as a pre-requisite before appointment and to offer them appointment on the posts for which they were selected.
(4) Grant any other relief as deemed fit and proper on the facts and circumstances of the case.
2. In response to Advertisement NO. 2613/EA/LB/OFK-III, the applicants Nos. 1 to 5 applied for the post of Mason (SS) and applicants Nos. 6 and 7 applied for the posts of Fitter Auto (SS). It was also provided in Note (a) of the advertisement that if required number of candidates with NAC/NTC are not available in a particular trade, then applicants with ITI or equivalent qualification will be considered against vacancy of the Trade. It is stated that the applicants Nos. 1 to 6 underwent the courses in their respective trades at Industrial Training Institute and the passing certificates were issued to them by the State Council of Vocational Training (SCVT), Madhya Pradesh/Jharkhand.
3. The applicants No. 1 to 5 appeared in the written test for the trade of Mason (SS) on 23.6.2013 and they were declared successful on 12.7.2013. The applicants Nos. 6 and 7 also appeared in the written test for the trade of Fitter Auto (SS) on 23.6.2013 and they were declared successful on 16.9.2013. The applicants were called for trade test and documents verification on 30.8.2013 and 2.9.2013. The applicants were also called for medical examination but they were not allowed to undergo the medical examination on the ground that they did not possess the NAC/NTC issued by NCVT. It has been alleged that their candidatures have wrongly been cancelled as they possessed ITI certificates issued by SCVT.
4. In the reply filed on behalf of respondents, it has been admitted that an advertisement was issued online for inviting applications for appointment of 691 Semi Skilled posts under different categories and the applications were scrutinized on the basis of information disclosed by the candidates. The candidates were allowed to participate in the written examination subject to verification of original documents afterwards. 1003 candidates qualified written test and were called for trade test and verification of documents provisionally. The respondents have further submitted that out of 1003 candidates short-listed in written examination for trade test, only 11 candidates including the applicants possessed trade test certificate issued by SCVT, remaining were with NCT/NCVT certificates. The applicants were allowed to participate in the written examination and on the basis of marks obtained in the written examination candidates were short-listed for trade test in the ratio of 1.25 times of the number of vacancies. Since the applicants were short-listed for trade test, there are chances of having left over the candidates those who have with NCT/NCVT certificates. It is further stated that for the post of Mason (SS), 29 candidates including applicant No. 1 to 5 were provisionally selected for the trade test, their names were provisionally included in the final result dated 19.10.2013 subject to approval of their eligibility qualification from the Ordnance Factory Board. Similarly 25 candidates including applicants Nos. 6 and 7 were provisionally selected for the trade test and their names were also included in the final result dated 17.10.2013 subject to approval of their eligibility qualification from Ordnance Factory Board. The Ordnance Factory Board vide letter dated 6.1.2014 (Annexure R-8) has clarified that NAC/NTC issued by NCVT is essential qualification for the purpose of recruitment of Semi Skilled Grade of Trademan and the certificates issued by SCVT have not to be entertained. As the applicants did not possess NAC/NTC issued by NCVT in the relevant trade, their candidates have rightly been cancelled.
5. Heard Sri P. Shankaran, learned counsel for the applicants and Shri S.K. Mishra, learned counsel for the respondents and perused the record.
6. Learned counsel for the applicants has contended that in view of conditions mentioned in the advertisement, the ITI qualified candidates in their respective trade were also eligible for appointment provided other requisite certificate holders are not available. The applicants did not conceal their qualification as they possessed ITI certificates from SCVT and they were allowed to participate in selection process and that they were declared successful in the written examination as well as in the trade test. Their names were included in the final result declared on 19.10.2013 and 17.10.2013 but subsequently their candidatures were illegally cancelled alleging that they did not possess essential qualification for the posts vide impugned orders dated 4.2.2014. He relied upon the case of B. Amrutha Lakshmi Vs. State of Andhra Pradesh & Ors reported in AIR 2014 Supreme Court 751.
7. Learned counsel for the respondents admitted that the applicants were permitted to appear in the written examination as well as in the trade tests and their names were also included in the final result declared on 19.10.2013 and on 17.10.2013 but contended that the Ordnance Factory Board has clarified in its letter dated 6.1.2014 that the ITI certificates issued by SCVT have not to be entertained and, therefore, the candidatures of applicants were rightly cancelled.
8. From the perusal of advertisement (Annexure A-7), it is evident that essential qualification for the posts of Fitter Auto (SS) and Mason (SS) were prescribed as under:-
(i) Matriculation or its equivalent.
(ii) National Apprentice Certificate (NAC)/National Trade Certificate (NTC) issued by NCVT in relevant trade.
Note (a) appended to this Advertisement reads as under If required number of candidates with NAC/NTC in relevant Trade are not available in a particular trade, then applicants with ITI or equivalent qualification will be considered against vacancy of the Trade
9. It shows that ITI qualified candidates in the respective trade are eligible for appointment provided other requisite certificate holders are not available. From the perusal of impugned order dated 4.2.2014 (Annexure A-1), it is evident that the candidature of applicants have been cancelled only on the ground that they did not possess NAC/NTC issued by NCVT.
10. In the case of B. Amrutha Lakshmi (supra) Honble Supreme Court has held as under If the rules for selection contain a requirement, the same has to be applied uniformly and strictly, and none from the eligible group can be eliminated from being considered on any criteria, other than those which are provided in the rules. If there is a criteria laid down for selection, the Administration has to confine to the same, and it cannot impose an additional criterion over and above whatever has been laid down. If that is done, it will no longer remain an exercise of discretion, but will result into discrimination. It will mean treating similarly situated employees dissimilarly, and denying equal opportunity to some of them in the matter of public employment on the basis of a criterion which is not laid down, resulting into violation of Articles 14 and Article 16(1) of the Constitution of India.
11. In the case of Himani Mehrotra v. High Court of Delhi, MANU/SC/1844/2008 : (2008) 7 SCC 11, it has been held by Honble Apex Court that during the recruitment process the recruitment rules cannot be changed. It was held that there was prescription of minimum marks for written test only and minimum marks were not provided for viva voce. It was held that it is not permissible to provide minimum marks for viva voce.
12. In the case of Manjusree v. State of Andhra Pradesh, MANU/SC/0925/2008 : (2008) 3 SCC 512, it has been laid down by Honble Apex Court that the rules of game cannot be changed after start of the selection process.
13. Thus, if the applicants were eligible for appointment on account of eligibility conditions mentioned in the advertisement, they cannot be denied appointment on the ground of revised eligibility conditions prescribed by any Authority. In view of law laid down by Honble Supreme court in the cases referred above, we are of the view that the eligibility qualifications cannot be altered at any stage after publication of advertisement. As the applicants were eligible for consideration for appointment on the posts of Mason (SS) and Fitter Auto (SS) and they qualified written examinations as well as trade tests and were finally declared successful, their candidature could not be cancelled on the ground that they did not possess NAC/NTC issued by NCVT. However, the respondents in para 9 of their reply have submitted that out of 1003 candidates short-listed in written examination for trade test, only 11 candidates including the applicants possessed trade test certificate issued by SCVT, remaining were with NCT/NCVT certificates. The applicants were allowed to participate in the written examination and on the basis of marks obtained in the written examination candidates were short-listed for trade test in the ratio of 1.25 times of the number of vacancies. Since the applicants were short-listed for trade test, there are chances of having left over the candidates those who have with NCT/NCVT certificates. Therefore, the contention of the applicants that there were not sufficient number of candidates having NCT/NCVT certificate, hence they were selected, can not be accepted.
14. Since in Note (a) of the advertisement (Annexure A-7) it had been specifically mentioned that If required numbers of candidates with NAC/NTC in relevant trades are not available in a particular trade then applicants with ITI or equivalent qualification will be considered against vacancy of the trade, the applicants right for appointment to the post comes only when required number of candidates with NAC/NTC in relevant trades are not available in a particular trade. The applicants have not controverted the reply of the respondents that out of 1003 candidates short-listed in written examination for trade test, only 11 candidates including the applicants possessed trade test certificate issued by SCVT, remaining were with NTC certificates.
15. In view of the above discussions, the respondents are required to examine whether all posts advertised by them can be filled by the candidates having NAC/NTC certificates and after that if they are left with any vacancies, out of those advertised, they have to appoint the applicants against them as per their merit. Thus, the select panel declared vide order dated 17.10.2013 (Annexure A-23) and 19.10.2013 (Annexure A-22) should be reviewed. This exercise should be completed within a period of three months from the date of communication of this order and if the applicants are included in the revised panel, they should be issued appointment orders within the said stipulated period.
16. In the result the Original Application is disposed of with the above directions. No costs.
(Dr. Murtaza Ali) (G.P. Singhal)
Judicial Member Administrative Member
Manish/-
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