IN THE HIGH COURT OF JUDICATURE AT PATNA
Shivaji Pandey, J.
Md. Asif Hussain – Appellant
Versus
Bihar State Power (Holding) Company Limited – Respondent
Civil Writ Jurisdiction Case No. 11096, 12088 and 12382 of 2018
Decided On : 29-08-2018
Diploma Holders - Employment Qualification - Electricity Supply Act, 1948, Rule 79 - The court examined the exclusion of Degree Holders from the recruitment process of Junior Engineer by the Power Holding Company. It found that the Chairman-cum-Managing Director did not have the authority to modify the qualification prescribed by the Board of Directors. The court directed the proper authority to create a new portal for persons with a BE/B.Tech. degree to allow them to participate in the recruitment process of Junior Engineer.
Fact of the Case:
The petitioners, who are Degree Holders in B.Sc. Engineering in electrical branch, challenged the notification of the employment notice no. 6 of 2018 by the Bihar State Power (Holding) Company Limited, which limited the qualification for the Junior Electrical Engineer to those with a full-time 3 years Diploma Course in Electrical from a recognized Institute/College. The Power Holding Company excluded Degree Holders from participating in the selection process.
Finding of the Court:
The court found that the Chairman-cum-Managing Director did not have the authority to modify the qualification prescribed by the Board of Directors. It directed the proper authority to create a new portal for persons with a BE/B.Tech. degree to allow them to participate in the recruitment process of Junior Engineer.
Issues: The issues included the exclusion of Degree Holders from the recruitment process of Junior Engineer and the authority of the Chairman-cum-Managing Director to modify the qualification prescribed by the Board of Directors.
Ratio Decidendi: The court held that the Chairman-cum-Managing Director did not have the authority to modify the qualification prescribed by the Board of Directors. It found that the power to modify the qualification for recruitment of Junior Engineer was vested in the Board alone.
Final Decision: The court directed the proper authority to take necessary steps to create a new portal for persons with a BE/B.Tech. degree, thereby allowing them to participate in the recruitment process of Junior Engineer.
Shivaji Pandey, J.
Heard the parties.
2. In all three cases common issues have been raised and with the consent of the parties all the case are being heard together and disposed of at the admission stage by this common order.
3. For convenience, the facts of case of C.W.J.C. No. 11096 of 2018 is taken into consideration, whenever there will be need the Court may take help of the facts mentioned in another writ petition.
4. An interlocutory application vide I.A. No. 4744 of 2018 has been filed by the persons who are holding the qualification of Diploma in Electrical Engineering have objected the application filed by the petitioners having stated that action of the Power Holding Company is correct in refusing to allow the Degree Holders to participate in selection process.
In view of the plea that has been taken by the interveners, I.A. No. 4744 of 2018 is allowed and they have been heard accordingly.
5. In the present case, the petitioners are the degree holder B. Tech Electrical Engineering are challenging the notification of Clause 1 of the employment notice no. 6 of 2018 published in the month of June-2018 by the Bihar State Power (Holding) Company Limited (hereinafter referred to as 'Power Holding Company'), whereby the qualification for the Junior Electrical Engineer has been limited to those who have full time 3 years Diploma Course in the Electrical from a recognized Institute/College duly recognized by State Government/Central Government approved by AICTE. Further a prayer has made that the decision of limiting the qualification only upto Diploma, amounts to exclusion of the candidate holding the higher degree which is against to the general instruction issued by the Power Holding Company in which apart from persons holding Diploma Degree, the candidates having qualification of Degree were also declared eligible and further prayer has been made for a declaration of the Power Holding Company excluding the higher qualification then the Diploma is completely unsustainable and requires interference by this Court.
6. All petitioners are Degree Holders in B.Sc. Engineering in electrical branch and they are intending to participate in the recruitment process meant for appointment of Junior Electrical Engineer and they have taken a plea that the action of the Board is a calculated move excluding the person holding the qualification of B. Tech to participate in the fray of selection of Diploma Holder is completely arbitrary exercise of power, having stated that, in the year 2016 the Power Holding Company had published an advertisement for the posts of Junior Engineer, in that selection, the minimum qualification was fixed for the post of Junior Engineer, three years Diploma course or four years of degree course in the branch of Electrical Engineer and wherein the Degree Holders were allowed to participate in selection of Junior Electrical Engineering, further stated that for selection of Junior Engineer including recruitment on different posts, the Power Holding Company was intending out source selection process to Agency and to select the Human Resources Agency for that purpose the Power Holding Company has issued the Request For Proposal from its department of General Administration. In the Request For Proposal, the details of several posts corresponding qualification have been mentioned for the recruitment in those categories of post and one of the post mentioned therein is Junior Electrical Engineering, wherein the minimum qualification has been mentioned full time three years Diploma in Electrical or Electronics in recognized University/Institution from State Government and Central Government or four years Engineering Degree (BE/B.Tech/B.Sc. Engg.) in Electrical in Electrical or Electronics from the recognized University/Institute approved by AICTE.
7. The Power Holding Company published an employment notice vide notice no. 6 of 2018 for recruitment on 400 posts of Junior Electrical Engineering, provided in Clause 1 of th
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