ORDER :

1. Heard Mr. H. Das, learned counsel for the petitioner and Mr. B.K. Das, learned Standing Counsel for the respondents.

2. The petitioner is an ex-serviceman, who had retired from Indian Navy. The petitioner holds qualification of Petty Officer Electrical and Power Rank. It is projected that the said qualification is equivalent to Electrical Competency Certificate of Industrial Training Institute (ITI for short). An advertisement No. 01/2019 was issued by the respondent authority for filling up 25 (twenty five) posts, out of the same, 5 (five) posts are reserved for Ex-Servicemen, which appeared at S. No. B(19) of the said advertisement. Being qualified, the petitioner has submitted his candidature online and after having satisfied with the qualification, admit card/call letter was issued by the respondents directing the petitioner to appear on 18.06.2019 for Computer Based Test (CBT) by the respondent authority. The respondent authority had sent an email to the petitioner to upload the required documents and in response, the petitioner, on the same day, i.e. 26.11.2019 had uploaded all the documents as sought for and was waiting for document verification and performance of skill test. However, when no positive action was forthcoming for the said verification and test, the petitioner enquired and he came to know about publication of select list on 16.07.2020 (Annexure-9) selecting 25 candidates by adjusting 5 (five) post of reserved for Ex-Servicemen in violation of Rule 4(3) of Ex-Servicemen (Re-employment in Central Civil Service and Post) Rules, 1979. Thereafter, the petitioner, on 18.08.2020 had submitted a representation by email highlighting the discriminatory actions of the respondents with request to resolve the matter and a copy of the same was marked to the Director of Ex-Servicemen Affairs and in response, the said authority informed the respondent that the petitioner is duly qualified and, as such, his case may be considered. The petitioner had sent an email dated 21.08.2020 to the respondents with request to furnish information as to who are the 5 (five) persons of general category appointed against the Ex-Servicemen category to join in the said post on or before 31.08.2020 and the said respondents are yet to furnish the names of the said 5 (five) candidates. The impugned action of the respondents is in violation of Rule 4(3) of Ex-Servicemen (Re-employment in Central Civil Service and Post) Rules, 1979 and in violation of the cardinal principles of “Audi Alteram Partem” Rules of Natural Justice. Accordingly, by filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction to appoint the petitioner to the post of Junior Assistant Technician (Electrical), for setting aside and quashing the select list and merit dated 16.07.2020 (Annexure-9) and for setting aside RTI reply dated 24.07.2020 (Annexure-12) in so far as it relates to rejection of the petitioner is concerned.

3. An employment advertisement no. 1/2019 (R&P) for Non-Executives of ONGC, Assam, amongst others, inviting applications for filling up the post of Junior Assistant Technician (Electrical), an A-1 level post. The prescribed minimum essential qualification was (1) High School or Class-X equivalent Board Examination and (2) Trade Certificate in Electrician Trade. (3) Should have valid Certificate of Competency as Electrical Supervisor. It is not in dispute that the petitioner satisfies the minimum educational qualification and holds equivalency certificate in Electrician Trade. However, the petitioner does not hold the Certificate of Competency as Electrical Supervisor. Hence, there appears to be no need to discuss the documents held by the petitioner in this regard.

4. The learned counsel for the petitioner submits that the Certificates issued by the competent Naval Authorities leaves no room for doubt that the petitioner holds requisite trade qualification to hold the post of Supervisor/Forem