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Showing contexts for: Traffic apprentice in Union Of India vs Sri Prashant Kumar Soni on 8 December, 2023Matching Fragments
4. Shri. Pramod, learned Standing Counsel for the Railways, praying to allow this writ petition submitted that:
The direction issued by the CAT to issue orders appointing the applicant to the post of ALP within one month therefrom, is unsustainable in law because, the applicant does not possess the qualification prescribed in the Notification; in the Notification dated 21.07.2007, the qualification prescribed for the post of ALP is very specific, whereas, for other posts such as Traffic Apprentice, Railway Commercial Apprentice and Goods Guard, applications were called for from candidates having equivalent qualification.
10. Railways' case is, the post of Loco Pilot is a very responsible post and therefore, the qualification for the post has been prescribed in specific terms, unlike for the posts of Traffic Apprentice or Goods Guard, for which, equivalent degrees are also considered. We have perused the Employment notice 1/2007.
11. Shri. Pramod is right in his submission that in respect of ALP, the qualification is specific, whereas, in respect of Traffic Apprentice and Goods Guard, the candidates having equivalent qualifications are also eligible.
(Emphasis Supplied)
15. In the instant case, admittedly, the applicant has obtained Diploma in Communication Engineering in April 2005 from Yashwant Rao Chavan Maharashtra Open University under distant education. IGNOU has recognized the said University with effect from 08.04.2008. It is settled that an employer cannot be compelled to appoint Technical staff on the ground that the qualification could be equivalent to the one prescribed by the employer. The employer is the best Judge to decide the required qualification. As noticed hereinabove, unlike in the case of other posts such as Traffic Apprentice, Goods Guard, Railways have not called for applications for Loco Pilots from candidates holding equivalent qualification. Therefore, in our considered view the direction issued by the CAT to appoint the applicant is unsustainable in law.