Calcutta High Court (Appellete Side)
Jagdish Dwivedi & Ors vs Union Of India & Ors on 5 June, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
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06.2017
No.115
No.13
W.P 14056 (W) of 2017
Jagdish Dwivedi & Ors.
Vs.
Union of India & Ors.
Mr. Manoj Tandan
Mr. Sudhakar Thakur ... for the petitioners
The petitioners participating in the selection process for appointment of
Apprentice under the Apprentice Act, 1961 undertaken by the Chittaranjan
Locomotive Works(CLW) are complaining that they have not been correctly
considered in the selection process.
Learned advocate for the petitioners refers to the notice of engagement of
apprentice issued by the CLW. He refers to clause 6 being the qualification clause
and clause 12 being the documents required to be enclosed and submits that,
the petitioners are ITI passed candidates at the point of time of the
advertisement. The final certificate was not available to the petitioners. The
petitioners had produced the mark sheet as was made available to the petitioners
by the authorities. The petitioners having submitted all documents required of
them, in terms of advertisement, their candidature ought to have been
considered by the CLW appropriately. The candidatures of the petitioners not
being considered by the CLW, the petitioners had applied under the Right to
Information Act, with regard to non-consideration of the candidature. In response
thereto the CLW by writing dated February 3, 2017 had contended that, the
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petitioner did not submit the final NCVT certificate. According to the learned
advocate for the petitioner, the final NCVT certificate is not a mandatory
requirement in terms of Clause 12 of the advertisement. Therefore, CLW is
wrong.
In spite of service none appears for the respondents. Affidavit of service
filed in the court be kept with the record.
CLW had initiated a process for appointment of Apprentice in terms of the notice dated July 24, 2015. The relevant clause of such notice are as follows:-
"6. Qualification:
(i) Candidate must pass out ITI Examination (NCVT only) and must have the certificate in the notified trades for applying under point-1(A) of this notification.
(ii) Candidate must pass in Matriculation/10th class in 10+2 examination system or equivalent examination from Recognised Board, i.e. Board which are recognized by the "Council of Boards of School Education in India"(COBSE) only, for applying under Point-1(A) & Point-1(B) of this notification.
12. Documents to be enclosed :
(i) Proof of qualification Matriculation (Matriculate or 10th Class in 10+2 examination system) and ITI Certificate, [if applied for under Point-1(A)] in the relevant trade affiliated to NCVT is compulsory.
(ii) Copies of a certificate issued by Military Authority indicating their date of enrolment and date of discharge in case of Ex-
servicemen they are required to clearly indicate all required particulars including community in the application form and enclosed all documentary proof including community certificate in the prescribed format as required. However, regardless of community, ex-servicemen will be considered against the (ex-servicemen quota), if available.
(iii) Copies of all certificates viz. Proof of date of birth, educational/ technical qualification certificate, caste 3 certificate, PH certificate, Ex-serviceman certificate, OBC certificate/ Creamy Layer certificate etc. duly attested by a Gazetted Officer of Central or State Govt. and bearing office seal, should be submitted along with the application. The petitioners had applied in such selection process. Admittedly the petitioners did not provide NCVT certificates at the time of application. A statement of marks was submitted. The petitioners were not considered in the selection process. The petitioner had applied under the RTI Act to which CLW had responded by the writing dated February 3, 2017. In the reply dated February 3, 2017 CLW has taken stand that, the primary qualification required is a NCVT certificate and not a provisional certificate.
Clause 6 of the advertisement of CLW requires a candidate to be a passed out of ITI Examination NCVT only and must have the certificate in the notified trade for applying, apart from other qualifications prescribed. Clause 12 requires a candidate to submit proof of qualification and ITI certificate, amongst others. The CLW authorities have interpreted clause 6 and 12 to say that, a NCVT certificate is mandatory and that a provisional NCVT certificate will not do. The interpretation given by CLW to the two clauses are plausible. The petitioners have not substantiated that such an interpretation is perverse or that the authorities have acted in violation of such interpretation.
In such circumstances, I find no merit in the present writ petition. W. P No.14056 (W) of 2017 is dismissed.
No order as to costs.
Urgent website certified copy of this order, if applied for, be made available to the parties upon compliance of the requisite formalities. 4 (Debangsu Basak, J. )