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9. The applicants had applied online vide their applications (referred as Annexure R/2). The applicants have furnished their educational details as well as technical qualification details in online application forms. From the details furnished by the applicants, it is clear that the applicants did not possess the requisite technical qualification for the post of OMHE (SS) as was published by OFI it is advertisement and was not eligible for consideration for the post. The applications were received against the advertisement for all the posts including OMHE (SS). Due to the large number of applications, manual scrutiny of each and every applications and each & 200/01156/2016 and every certificate uploaded by the candidates could not be carried out by the Agency. So the software was designed by the agency in such a way that non-eligible applicants would not have been able to submit the application online, if they furnished incorrect information. In the instant case, both the applicants deliberately furnished wrong/incorrect information in the application forms by clicking on the "Crane Operator (Overhead Steel Industry)" thereby affirming that they possess NTC certificate issued by NCVT in the said trade and thereby escaping the computer system software check designed by the Agency. So, the applicants acted in a malafide manner and deliberately furnished wrong information in the online application format with the intention to circumvent the online application system. It was also submitted by the replying respondents that it was the responsibility of the candidates to read the application format carefully and satisfy himself that he/she fulfills all the eligibility criteria including the educational and technical qualification & 200/01156/2016 prescribed for the post of OMHE (SS) and they apply for the post only if he was eligible for the said post. Based on the performance of written test, candidates including applicants were short-listed for appearing in the Trade Test (2nd Stage). Before allowing the candidates in the Trade Test, they were directed to upload their NAC/NTC certificate issued by NCVT for verification. However, the applicants failed to submit the required documents within the stipulated time and since both the applicants did not possess the prescribed qualification, they were not allowed to appear in the Trade Test and therefore they were not considered further for selection.

10. The applicants have filed the rejoinder to the reply filed by the respondents. The applicants have reiterated their earlier stand taken in the O.A. It has been submitted by the applicants that respondent No.2 Ordnance Factory Board Kolkata vide letter dated 21.10.2011 clarify the position regarding education and other qualifications for direct recruits to semi-skilled grade. It has been clarified in & 200/01156/2016 letter that SRO 185 of 1994 and stipulates that the education qualifications for direct recruits for the trades at Annexure A is National Council of Trades for Vocational Training certificate in the relevant trade failing which by ITI are equivalent or equivalent diploma/ certificate holder. It is further clarified that in absence of NCVT certificates holder then only applicants with ITI or equivalent diploma/certificate holders will be considered. A copy of letter dated 21.10.2010 is annexed at Annexure A/9. The applicants under the Right of Information Act has also obtained the information from Ordnance Factory Ambajhari Nagpur for filling of the vacancies in O.M.H.E., semi-skilled and there is no necessity to possess certificate issued by NCVT. A copy of information received by applicant dated 11.02.2017 is annexed as Annexure A/10. It has been further submitted by the applicants that during the pendency of this instant case, the applicants came to know that Ordnance Factory Muradanagar realize the position that NCVT/ITI certificate & 200/01156/2016 holder candidate have not applied for the post relates to OMHE trades and therefore they are going to direct recruitment in OMHE trade according to prescribed test of respondent No.2 board. The copy of letter dated 02.05.2017 is annexed as Annexure A/11.

(ii) The National Apprentice Certificate (NAC) and National Trade Certificate (NTC) issued by National Council of Vocational Training (NCVT) in the relevant trade. The relevant trades are as under:-

14. Operator Material Handling Material Equipment Mechanic-cum-

& 200/01156/2016 Handling Operator/Crane Operator Equipment (Overhead Steel Industry)/Operator Material Handling at Raw Material Handling Plant."

13. It is also not in dispute that the applicants had applied through online and the admit card was issued to the applicants. It is also not disputed that the applicants have passed the written examination and they were called for certificate verification and skill test. It is admitted by the learned counsel for the applicants that the applicants are not fulfilling the requisite qualification as per advertisement A/1. The certificate produced by the applicants is not issued by the NTC for reference at page 32 of this O.A. can be looked into. From this Annexure National Trade Certificate has been procured from Birsa Technical Institute. From this document itself, it is clear that this certificate has not been issued by NCVT. This fact is also admitted by the learned counsel for the applicants. Learned counsel for the respondents has relied upon the order passed by this Tribunal in O.A. No.200/145/2017 & 200/01156/2016 whereby the issue of relevant qualification prescribed at the advertisement has been discussed and it has been held that the applications are to be considered as per the eligibility criteria depicted in the advertisement. In the instant case, this is not a case of the applicants that there is variance in the qualification prescribed in the statutes and the qualification prescribed in the advertisement. So it has a binding effect on the candidates who have applied as per advertisement. It is admitted by the counsel for the applicants that the applicants are not fulfilling the qualifications i.e. the certificate issued by the NCVT so this is the essential qualification and admittedly that the applicants are not holding such certificate issued by NCVT. So, the respondents have clearly indicated in their advertisement regarding the certificate issued by the NCVT. Moreover, the applicants are not challenging the advertisement. Arguments put forth by the learned counsel for the applicants is that the other institute as per Annexure A/9, it has been clarified that when applicants with NCVT & 200/01156/2016 certificates as mentioned above are not available, then only the applicants with ITI or equivalent Diploma/Certificate holders will be considered. In the instant case, it is not the concession given by the respondent-department. This Tribunal in O.A.No.200/145/2017 has also relied upon the order passed by this Tribunal in Ravindar Bharti vs Union of India and others in O.A. No.200/01017/2016 decided on 31.07.2018 and it has been held that once the candidate have participated in the selection process thereafter they cannot challenge the said criteria. Relevant portion of the said order is as under:-