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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Praveen Kumar – Appellant
Versus
Delhi Metro Rail Corporation – Respondent
| Table of Content |
|---|
| 1. evaluation of the petitioner's qualifications. (Para 1 , 2 , 3) |
| 2. details of the petitioner's educational background and applications. (Para 5 , 6 , 7 , 8) |
| 3. arguments presented by petitioner and dmrc. (Para 10 , 11) |
| 4. court's reasoning on qualifications and equivalencies. (Para 12 , 13 , 14 , 15) |
| 5. final dismissal of the writ petition. (Para 16 , 17 , 18) |
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J.
TABLE OF CONTENTS
Preface
Background
Submissions on behalf of the petitioner
Submissions on behalf of the contesting respondent i.e., DMRC
Analysis and reasons
Conclusion
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, ha
Misrepresentation of qualifications does not merit appointment; specific qualifications in job advertisements must be strictly adhered to for recruitment purposes.
The court can intervene if there are contradictions or non-application of mind in the committee's conclusions regarding the equivalence of qualifications.
Point of Law : Appointment has to be made strictly as per terms of the advertisement and in case, the candidates who did not possess the qualification as mentioned in the advertisement were permitted....
Interpretation of 'relevant trade' in grouped Technician posts includes ITI in any of eleven specified trades; selection board cannot alter requisition qualification to exclude eligible candidates.
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