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2022 Supreme(SC) 1735
SUPREME COURT OF INDIA
B.R. Gavai, Vikram Nath, JJ.
Himachal Pradesh State Electricity Board Ltd. & Anr. – Appellants
Versus
Dharminder Singh – Respondent
Civil Appeal No. 8828 of 2022 [Arising Out of SLP(C) No. 6647 of 2021]
Decided On : 23-11-2022
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.
The cut-off date for acquiring the qualification advertised is the last date of application, and appearing in an examination before the last date of application should not be deemed as acquiring the qualification.
Headnote:
Fact of the Case:
The appellant, Himachal Pradesh State Electricity Board Ltd., had published an advertisement inviting applications for a job. The respondent No. 1 applied for the job but did not possess the essential technical qualification at the time of application. The respondent acquired the qualification after the last date of application and was awarded marks for the qualification during the interview. Subsequently, the selection was cancelled, and the respondent filed a writ petition.
Finding of the Court:
The High Court held that since the respondent possessed the requisite qualification at the time of the interview, his termination was bad in law and allowed the petition. However, the Supreme Court quashed the impugned judgment and order, dismissing the writ petition.
Issues: The key issue was whether the respondent's possession of the requisite qualification at the time of the interview could override the fact that he did not possess the qualification at the time of application.
Ratio Decidendi: The court emphasized that the cut-off date for acquiring the qualification advertised is the last date of application, as established in previous cases. It rejected the argument that appearing in an examination before the last date of application should be deemed as acquiring the qualification.
Final Decision: The impugned judgment and order of the High Court were quashed and set aside, and the writ petition filed by the respondent No.1 was dismissed.
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 qualification. He has acquired the said qualification on 19.12.2018, whereas the last date of submission of application was 18.08.2018.
6. It appears that since on the date of interview, i.e. 25.02.2019, the respondent No.1 had already acquired the qualification, he was awarded 25 marks for the said qualification. Subsequently, on a complaint, it was realized that on the last date of application, he did not possess the said qualification. The selection then came to be cancelled.
7. Being aggrieved thereby, the respondent No.1 filed writ petition. The High Court in the impugned judgment held that since on the date of interview, the respondent No.1 was possessing requisite qualification, his termination was bad in law and as such allowed the petition. 8. The issue is no more res integra.
9. This Court in the Ashok Kumar Sonkar Vs. Union of India reported in (2007) 4 SCC 54 and in the case of Rakesh Kumar Sharma Vs. State (NCT of Delhi) and Ors. reported in (2013) 11 SCC 58 has held that the cut-off date for acquiring the qualification advertised is the last date of application.
10. It is sought to be urged on behalf of the respondent No.1 that since he has appeared in the examination in July, 2018, though the result has been declared on 19.12.2018, he should be deemed to have acquired the qualification in July, 2018, i.e. prior to the date of advertisement.
11. The said contention is also without merit. The said issue is also considered in the case of Ashok Kumar Sonkar (Supra) and rejected.
12. In that view of the matter, the impugned judgment and order is not sustainable. The impugned judgment and order of the High Court dated 01.01.2021 is quashed and set aside. The writ petition filed by the respondent No.1 stands dismissed.
13. The appeal is allowed in the above terms.
14. Pending application(s), if any, stand(s) disposed of.
