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IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandra Dhari Singh, J.
Manish Kumar - Appellant
Versus
Delhi Transco Limited - Respondent
W.P.(C) 8981 of 2020 & CM APPL No. 28995 of 2020
Decided On : 15-12-2023
certiorari - Assistant Electric Fitter - [Article 226 of the Constitution of India] - The Court discussed the completion of a diploma and the computation of experience, concluding that a diploma is completed on the date of declaration of results and experience is computed from the date of receipt of the diploma certificate. The Court declined to issue a writ of certiorari to set aside the rejection notice, as there was no error apparent on the face of the order.
Fact of the Case:
The petitioner sought relief after his candidature for the post of Assistant Electric Fitter was rejected due to an alleged overlap between his experience and the date of his diploma examination. The petitioner claimed that his experience should be computed from the date of his last examination, while the respondents argued that it should be computed from the date of receipt of the diploma certificate.
Finding of the Court:
The Court held that the completion of a diploma is on the date of declaration of results and experience is computed from the date of receipt of the diploma certificate. The Court declined to issue a writ of certiorari to set aside the rejection notice, as there was no error apparent on the face of the order.
Issues: The issues before the Court were whether a writ of certiorari could be issued to set aside the rejection notice and whether a writ of mandamus could be issued to direct the respondents to consider the petitioner's candidature.
Ratio Decidendi: The Court clarified the computation of experience and the completion of a diploma, concluding that the petitioner's experience should be computed from the date of receipt of the diploma certificate. The Court also emphasized that the petitioner did not possess the requisite experience at the time of the job advertisement.
Final Decision: The Court dismissed the petition, finding no merit in the petitioner's claims and holding that the rejection of the petitioner's candidature was not arbitrary or illegal.
JUDGMENT
Chandra Dhari Singh, J.
1. The present writ petition has been filed under Article 226 of the Constitution of India has been filed by the petitioner being aggrieved by the rejection of his candidature to the post of Assistant Electric Fitter (Post Code 16/12) by the respondents. The petitioner by way of the instant petition is seeking the following reliefs:
"a) Issue a writ, order or direction in the nature of certiorari thereby calling forth to itself the records of the Respondents, especially the Respondent No. 1, in respect of the impugned Rejection Notice dated 25.08.2020 (Annexure - P/1).
b) After perusal of the records so called forth to itself, issue a writ, order or direction in the nature of certiorari thereby setting aside/quashing the impugned Rejection Notice dated 25.08.2020 (Annexure-P/1).
c) Issue a writ, order or direction in the nature of mandamus thereby directing the Respondents to declare the Petitioner as successful and further direct the Respondent No. 1 to appoint the Petitioner to the post of Asstt. Electric Fitter (Post Code - 16/12) with Respondent No. 1/ Delhi Transco Ltd. against a post reserved for SC Category.
d) Issue a writ, order or direction in the nature of mandamus thereby directing the Respondents to treat the Petitioner in service w.e.f. the date on which the other candidates, declared successful for the said post have been allowed to join.
e) Issue a writ, order or direction in the nature of mandamus thereby directing the Respondents to give the arrears of salary and allowances to the Petitioner for the period commencing from the date on which the other candidates declared successful in the said Examination have been allowed to join and have started drawing salary and allowances.
f) Award the cost of the proceedings in favour of the Petitioner and against the Respondents.
g) Grant any other or further relief that this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the applicants."
FACTUAL MATRIX
2. The petitioner in the year 2008 , enrolled himself for a three-year diploma in Electrical Engineering from C.R.R. Institute of Technology. While pursuing his 4th Semester, he did practical/ industrial training with the Delhi Transco Ltd. from the period 15th June, 2010 to 30th July, 2010.
3. The examinations for the sixth semester which is also the final semester of the said diploma were conducted from 4th May, 2011 to 31st May, 2011. During this period, the petitioner got selected as an Electrical Supervisor by M/s. Dhariwal Enterprises (DE hereinafter) which was associated with BSES Rajdhani Power Limited and accordingly rendered his services during the period of 1st June, 2011 to 9th July, 2011.
4. The respondent no. 2 i.e. Delhi Subordinate Services Selection Board ("DSSSB" hereinafter) issued Advertisement No. 02/12 ("Advertisement" hereinafter), thereby, inviting applications for selection to various posts. The petitioner then applied to the said post in the Scheduled Cast ("SC" hereinafter) category under the notification Post Code No. 16/12, for the post of an `Assistant Electric Fitter' with Delhi Transco Limited ("DTL. hereinafter), i.e., respondent no.1.
5. The petitioner thereafter joined M/s Tata Power DDL ("Tata Power" hereinafter) as an Assistant Officer on 11th July, 2011 and provided his services till 21st October, 2016 as per the experience certificate issued by Tata Power which is placed on record.
6. The DSSSB conducted the written examinations on 29th September, 2019 for the said notification. The results of the same were released on 3rd December, 2019, wherein, the petitioner secured 87 marks against a cut-off of 61.5 marks, as fixed for candidates belonging to the SC category.
7. Thereafter, as per the requirements of the recruitment process, the petitioner uploaded a dossier containing his testimonials as per the prescribed schedule.
8. The respondent no. 2 declared the final result on 25th August, 2020, wherein the selectio
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