Madhya Pradesh High Court
Manish Kumar Sharma vs M.P. Poorve Kshetra Vidyut Vitran Com. ... on 11 May, 2016
:: 1 ::
Writ Petition Nos.7739/2013, 7768/2013, 8065/2013, 12782/2013, 12783/2013 & 19296/2013
Writ Petition Nos.7739/2013, 7768/2013, 8065/2013,
12782/2013, 12783/2013 & 19296/2013
11.5.2016.
Shri Bhaskar Pandey, learned counsel for petitioners in W.P.
No.7739/2013, W.P. No.12782/2013, W.P. No.12783/2013 &
W.P. No.19296/2013.
Shri M.P. Shukla, learned counsel for petitioner in W.P.
No.7768/2013.
Shri Anoop Nair, learned counsel for respondents.
Heard.
1. Clause 6.3 as one of the eligibility criteria for participating in the selection of Testing Assistant (Regular) held vide advertisement dated 1.2.2013 (Annexure P/1 in Writ Petition No.7739/2013) is the centre of controversy. The clause stipulates -
**mEehnokj dks ekU;rk izkIr cksMZ ls 10oha cksMZ ijh{kk ,oa 'kklu@dsUnz 'kklu ¼,l-lh-Ogh-Vh@,u-lh-Ogh-Vh½ ls ekU;rk izkIr vkS+|ksfxd izf'k{k.k laLFkku ls fu;fer vk/kkj ij fo|qrdkj@ykbZueSu@ok;jeSu VsªM esa 2 o"khZ; ikB~;Øe mRrh.kZ gksuk vfuok;Z gS A**
2. Petitioners though hold the certificate in relevant Trade issued by State Board of Examination : State Council of Vocational Training Madhya Pradesh, not as a regular but as private student.
:: 2 ::
Writ Petition Nos.7739/2013, 7768/2013, 8065/2013, 12782/2013, 12783/2013 & 19296/2013
3. The issue is whether these petitioners having relevant qualification obtained not as a regular but as private student could be deprived from appearing in the selection.
4. True it is that clause 6.3 of the advertisement stipulates about acquiring the qualification as regular. And, prima facie it can be said that the petitioners are not eligible. However, the examining body i.e. Directorate, Skill Development, Government of Madhya Pradesh issued the clarification on 20.3.2013 addressed to Additional Secretary, Madhya Pradesh Purva Kshetra Vidyut Vitran Co. Ltd. that the qualification acquired by an incumbent is equivalent to that of a regular student. The communication speaks for itself :
**mi;ZqDr lanfHkZr fo"k;kUrxZr ys[k gS fd vkids }kjk ijh{k.k lgk;d gsrq foKkiu tkjh fd;k x;k gS A foKkiu esa NCVT/SCVT fu;fer vk/kkj ij 02 of"kZ; ikB~; Øe esa fo|qrdkj@ok;jeaus ikB~;Øe mRrh.kZ vkosndksa ds vkosnu vkaef=r gSa A NCVT ds Lok/;k;h vkosndks }kjk tkudkjh nh xbZ gSa fd Lok/;k;h vkosndks ds vkosnu ekU; ugha fd;s tk jgs gS A Lok/;k;h vkosndks@fu;fer izf'k{k.khFkhZZ esa fuEukuqlkj vUrj gS] ftlds dkj.k Hkzakfr mRiUu gksrh gS A 1- fu;fer izf'k{k.khFkhZZ dh vadlwph esa 700 dqy vad gksrs gS] izkbosV NCVT vadlwph esa dqy 550 vad gksrs gS :: 3 ::
Writ Petition Nos.7739/2013, 7768/2013, 8065/2013, 12782/2013, 12783/2013 & 19296/2013 A ;g vUrj 150 ls'kuy vad ds dkj.k gksrk gS A 2- fu;fer izf'k{k.khFkhZZ 02 o"kZ dk izf'k{k.k izkIr djrs gS rFkk izkbosV izf'k{k.khFkhZZ dks 03 o"kZ ds vuqHko ds vk/kkj ij NCVT dh ijh{kk nsus dh ik=rk gksrh gS A vr% fu;fer ,oa Lok/;k;h NCVT ds izek.k i= leku :i ls ekU; gS A**
5. Though it is contended by the respondents that such a communication does not lay down a law, as the Skill Development Directorate has no authority to declare that both regular and private candidate can be treated at par. It is further submitted that the curriculum of regular and private student being different, they cannot be treated at par. This contention that the curriculum is different has to be negatived as the respondent has not adverted to two different curriculum. On the contrary, the regular students are given marks for sessional and have to undergo only two years training. The private student has to undergo three years training. This fact would be evident from the communication dated 20.3.2013. As to competency, the Directorate under which is the State Council of Vocational Training Madhya Pradesh, being the examining body, it is very much within its power to determine the equivalence. The educational qualification required for appointment being 10th Board Pass and of having passed two :: 4 ::
Writ Petition Nos.7739/2013, 7768/2013, 8065/2013, 12782/2013, 12783/2013 & 19296/2013 years course of Electrician/Lineman/Wireman Trade from the Industrial Training Institute recognized by SCVT/NCVT, merely because the petitioners have attained the said qualification as per curriculum in three years and duly recognized to be equivalent to the regular incumbent by the examining body and no separate study has been undertaken by the respondents as would justify their stand that the petitioners are not at par with the candidates who acquired qualification as regular candidate.
6. In view whereof, non-consideration of candidature of the petitioners for selection to the post of Testing Assistant (Regular) cannot be countenanced.
7. The question now is as to what relief the petitioners are entitled for, because by order-dated 29.4.2013, it was directed that any selection for appointment to the post in question shall be subject to result of the writ petition; however, it is informed that after selecting the candidate in furtherance to advertisement (Annexure P/1), incumbents are duly posted and they are discharging their duties.
8. In view whereof, appointment and posting of such Testing Assistant cannot be interfered with as their selection cannot be found fault with. Instead, respondents are directed to hold separate examination to consider the petitioners and similarly :: 5 ::
Writ Petition Nos.7739/2013, 7768/2013, 8065/2013, 12782/2013, 12783/2013 & 19296/2013 situated others incumbents who did not apply because of nomenclature stipulated in clause 6.3 of the advertisement and if found suitable in the examination, to take further steps in accordance with law.
9. It is made clear that in case if the petitioners and similarly situated other incumbents are found suitable, the same will be from the date from which they are adjudged suitable and not from retrospective date.
10. Let action be taken within a period of three months from the date of communication of this order.
11. With these observations, petitions are finally disposed of. No costs.
(SANJAY YADAV)
vinod JUDGE