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2022 Supreme(SC) 1735

B. R. GAVAI, VIKRAM NATH
Himachal Pradesh State Electricity Board Ltd. – Appellant
Versus
Dharminder Singh – Respondent


Advocates appeared:
Mr. Abhinav Mukerji, Advocate, Mrs. Bihu Sharma, Advocate, Ms. Pratishtha Vij, Advocate, Mr. Akshay C. Shrivastava, Advocate, For the Appellant / Mr. Arup Banerjee, Advocate, For the Respondent.

ORDER

1. Leave granted.

2. The appeal challenges the judgment and order dated 01.01.2021 passed by the learned Division Bench of the High Court of Himachal Pradesh at Shimla in CWP No. 5311 of 2020, vide which the writ petition filed by the respondent No.1 has been allowed.

3. The appellant - Himachal Pradesh State Electricity Board Ltd. had published advertisement on 17.07.2018 inviting application for the post of Junior T/Mate/Junior Helper (Sub-Station)/Junior Helper (Power House) (E). Pursuant to the said advertisement, the respondent No. 1 applied.

4. As per the advertisement, the essential qualification is metric pass and the desirable qualification is ITI diploma in wireman/Electrical trade obtained through Regular Course (not through distance education) from the institutions recognized by the Government of Himachal Pradesh or the National Trade Certificate of one year Broad Based Basic Training. The marks to be assigned for essential qualification are 60 per cent whereas for that the desirable marks are 25 per cent.

5. Indisputably, on the date of which, the respondent No.1 had applied, he was not possessing the Technical Qualification of ITI Certificate or the equivalent quali

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