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IN THE HIGH COURT OF DELHI AT NEW DELHI
Satish Chandra Sharma, J.
Piyush Kumar Singh – Appellant
Versus
Ntpc Ltd. – Respondent
LPA 84 of 2022
Decided On : 24-05-2023
Appointment - Experience Requirement - [ENGINEER] - [Appointment, Experience Requirement] - The court discussed the eligibility criteria for the post of Engineer at NTPC, focusing on the requirement of 3 years post-qualification experience and the exclusion of training period. The court highlighted the change in terms and conditions in subsequent advertisements and emphasized the importance of adhering to the original eligibility criteria. The court held that the appellant, who belonged to the OBC category, was entitled to relief and directed the respondents to review the selection process and consider the appellant for appointment without back-wages.
Fact of the Case:
The appellant applied for the post of Assistant Engineer at NTPC, meeting the qualifications and successfully completing the selection process. However, the respondents rejected his appointment, citing the exclusion of the training period from the required 3 years of experience. The appellant had worked as an Assistant Engineer for almost 3 years, including a probationary period, and subsequently filed a writ petition seeking relief.
Finding of the Court:
The court found that the original advertisement did not specify the exclusion of the training period for experience calculation, and subsequent changes in the terms and conditions were not applicable to the appellant's case. The court held that the appellant was eligible for appointment and directed the respondents to review the selection process and consider the appellant for appointment without back-wages.
Issues: The main issue was the eligibility of the appellant for the post of Assistant Engineer at NTPC, specifically regarding the calculation of the required 3 years of experience and the exclusion of the training period. The court also addressed the change in terms and conditions in subsequent advertisements and its impact on the appellant's case.
Ratio Decidendi: The court emphasized the importance of adhering to the original eligibility criteria specified in the advertisement and held that the appellant, who belonged to the OBC category, was entitled to relief. The court directed the respondents to review the selection process and consider the appellant for appointment without back-wages.
Final Decision: The court set aside the rejection of the appellant's appointment, directed the respondents to review the selection process, and considered the appellant for appointment without back-wages. The appellant was entitled to notional fixation of salary, seniority, and all other consequential benefits except back-wages.
JUDGMENT
Satish Chandra Sharma, C.J. The present LPA is arising out the judgment dated 26.10.2021 passed by the Learned Single Judge in W.P.(C.) No. 1632/2021 titled Piyush Kumar Singh Vs. NTPC Ltd., dismissing the writ petition preferred by the Appellant herein claiming appointment to the post of Assistant Engineer in the services of National Thermal Power Corporation (NTPC).
2. The undisputed facts of the case reveal that an Advertisement no. 02/2019 was issued by the NTPC and was published in Employment News dated 06.08.2019 inviting applications for 203 Engineers in the Discipline of Electrical/Mechanical/Electronics/Instrumentation at E2 Grade for shift operation of Thermal Power Plant.
3. As per the qualifications prescribed in the advertisement, a candidate was required to hold Engineering Degree in Electrical/Mechanical/Electronics/Instrumentation with minimum 60% marks from recognized University/Institute, and for candidate belonging to SCs, STs and PWDs, the passing marks was the minimum eligibility requirement.
4. The Advertisement also stipulated a condition of having minimum 3 years post qualification experience in executive and/or supervisory cadre in the relevant field. The Advertisement dated 06.08.2019 issued by the NTPC is reproduced as under:
"Engineer A Powerful Career With NTPC
NTPC Limited, India's largest power conglomerate with an installed capacity Of 55, 786 MW and is presently contributing to 114th Of the country's electricity needs. Commensurate with our country's growth challenges, NTPC has embarked upon an ambitious plan to attain a total installed capacity Of 130 GW by 2032. NTPC has been adjudged 14th rank in "The best companies to work for in India" awarded by Great Place to Work Institute and Economic times.
NTPC is looking for 203 experienced Engineers in Electrical/Mechanical/Electronics/Instrumentation disciplines at E2 grade for Shift Operation Of Thermal power plant. The qualifying requirement is as under:
Qualification:
Engineering Degree in Electrical/Mechanical/Electronics/Instrumentation with minimum 60% marks from recognized University/institute (passing marks for SC/ST/PwBD candidates). A candidate with the prescribed degree identified for the disciplines as given below can only apply in the respective discipline:
| Discipline advertised | Prescribed full time degrees in Engineering |
| Electrical Engineering | Electrical/Electrical & Electronics/Electrical, Instrumentation & Control/Power Systems & High Voltage/Power Electronics/Power Engineering, |
| Mechanical Engineering | Mechanical/Production/Industrial Engg./Production & Industrial Engg./Thermal/Mechanical & Automation/Power Engineering |
| Electronics Engineering | Electronics/Electronics & Telecommunication/Electronics & Power/Power Electronics/Electronics & Communication/Electrical & Electronics |
| Instrumentation Engineering | Electronics & Instrumentation/Instrumentation & Control |
Experience Requirement:
Minimum 3 years post qualification experience in Executive and/or Supervisory cadre in relevant area.
Experience Profile: Experience in operation & maintenance/commissioning/erection of power plant equipment & auxiliaries.
Upper age limit: 30 years
Pay Scale: Rs.50,000 to 1,60,000-(E2 Grade)
VACANCIES
| Discipline | UR | OBC | SC | ST | Total | Indentified type of disabilities for PwBDs. |
| Electrical | 3 | 2 | 1 | 0 | 7 | 1. Deaf and Hard of hearing. 2. Locomoto r Disability (OA,OL) including leprosy cured, dwarfism and acid attack victims. Combination of 1 & 2 |
| 7 | 1 | 1 | 6 | 5 | ||
| Mechanical | 3 9 | 2 1 | 1 1 | 0 5 | 7 6 | |
| Electronics | 1 3 | 0 7 | 0 4 | 0 2 | 2 6 | |
| Instrumentation | 1 3 | 0 7 | 0 4 | 0 2 | 2 6 | |
| Total | 1 0 2 | 5 6 | 3 0 | 1 5 | 2 0 3 |
*OA-OneArm, OL-One Leg
** 8 vacancies are reserved for PwBD candidates.
*** Vacancies for EWS candidates are as per Govt. guidelines subject to final outcome Of SC order.
HEALTH
The candidate should have sound health. Before joining, candidates will have to undergo medical examination by the NTPC Medical Board and the decision of the board will be final and binding. NO relaxation in health standards is allowed. Detailed medical norms are available on the website www.ntp
Adherence to original eligibility criteria specified in the advertisement and the entitlement of the appellant, belonging to the OBC category, to relief.
The court ruled that altering eligibility criteria during a recruitment process violates principles of fairness, and candidates cannot retroactively challenge such conditions once participated in sel....
The court upheld that eligibility criteria for employment must be strictly adhered to, and ambiguity in advertisements should favor candidates only when clearly warranted.
The employer has the final authority to determine eligibility criteria for employment, and experience from a non-IPP entity cannot be considered valid for the purpose of recruitment.
The employer cannot declare a candidate ineligible after fulfilling advertised qualifications; experience from a connected commercial organization is valid despite differing employee distribution acr....
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