Misrepresentation of qualifications does not merit appointment; specific qualifications in job advertisements must be strictly adhered to for recruitment purposes.

JUDGMENT

[Physical Hearing/Hybrid Hearing (as per request)]

Rajiv Shakdher, J.

TABLE OF CONTENTS

Preface:

1. This is a writ petition directed against the order dated 17.02.2020, passed by the Central Administrative Tribunal [in short 'Tribunal'] in O.A. No.3747/2016. Uncharacteristically, although respondent no.1's action was assailed by two applicants in the Tribunal, the writ action has been preferred by only one of them.

2. The petitioner before us is aggrieved as he has not been appointed to the post of Maintainer-Electronic Mechanic; bearing post-code NE10(C) [hereafter referred to as 'subject post'].

2.1. Respondent no. 1, in defence of its action, has taken the stand that the petitioner does not possess the requisite qualifications for appointment to the subject post.

3. The issue, therefore, which arises for consideration in the present writ petition is: whether the petitioner possesses the requisite qualifications for appointment to the subject post?

4. Thus, before one proceeds further, it would be necessary to set out the backdrop in which the instant writ action has been instituted.

Background:

5. The petitioner avers that between 01.08.2005 and 31.07.2007, he underwent industrial training at the CRPF Industrial Training Centre, Wazirabad, Delhi; and after he had passed the test stipulated for the "Mechanic - Radio and TV" trade, he was awarded a National Trade Certificate (NTC) by the Government of India, Ministry of Labour and Employment, National Council for Vocational Training [in short "NCVT"].

5.1. This was followed by the petitioner obtaining, in and about June 2012, a Diploma in Electronics and Communication Engineering from the Board of Technical Education, Delhi. The petitioner claims he secured first division (with distinction) while obtaining a diploma in Electronics and Communication Engineering.

6. Having obtained the aforementioned qualification, the petitioner, in the first instance, it appears, applied for the post of Technician "A" (Electronics) advertised by the Defence Research and Development Organization, Ministry of Defence, Government of India [in short `DRDO']. Curiously, the petitioner had applied qua this advertisement under the Unreserved (UR) category.

6.1. According to the petitioner, the essential qualifications prescribed for the said post were:

(i) Class X certificate or equivalent;

(ii) Trade certificate from an Industrial Training Institute [in short "ITI"] in Electronic Mechanic or Radio & TV Mechanic.

6.2. The petitioner claims that he not only cleared the written examination but also had the documents verified, pursuant to which he participated in the interview held by DRDO. However, the petitioner has placed nothing on record to suggest what followed thereafter, that is, whether he was made an offer of appointment.

7. It is in October 2015 that respondent no.1 i.e., Delhi Metro Rail Corporation Ltd. [in short `DMRC'] took out an advertisement [hereafter referred to as `2015 advertisement'] inviting applications for the subject post. The 2015 advertisement sought applications both for Executive and Non-Executive posts. Insofar as the petitioner is concerned, he applied in the category of the non-executive post i.e., Maintainer-Electronic Mechanic.

7.1. Importantly, the 2015 advertisement clearly stipulated that the applicant should have undergone a course in ITI (NCVT/SCVT) and obtained a certificate in a "specific trade" listed out therein