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2011 Supreme(Ker) 439

High Court of Kerala
A.K. BASHEER & P.Q. BARKATH ALI
N.P. Abdul Salam
Versus
Executive Engineer, Electricity Department & Others
W.P.(C)Nos.497 & 7679 of 2010
Decided on : 30-05-2011

Advocates Appeared:
For the Petitioner:DR.V.N. Sankarjee, Advocate.
For the Respondents:T. Ravikumar, S. Radhakrishnan, Smt T.G. Ambli, R. Ramadas, P.V. Mohanan, Advocates.

Headnote:

Service law - Notification - Eligible Criteria - Appointment to post of Oilman/Mazdoor - Selection process on basis of notifications - Department of Electricity under Administration of Union Territory of Lakshadweep issued Annexure-A1 notification, inviting applications for appointment to post of Oilman/Mazdoor in fact, ten vacancies were notified in said notification - Educational qualification presented for post was pass in SSLC and ITI Certificate in Electrician, Wireman or Mechanic Diesel - Candidates holding Diploma in Electrical and Electronics Engineering and Mechanical Engineering were also considered for selection and a select list was prepared Same was challenged before Tribunal - Tribunal held that there was no malafide in above action dismissed the Original Applications holding that process of selection had been completed by Administration in tune with Recruitment Rules and also in a fair and transparent manner - Whether Administration was justified in clubbing vacancies for three recruitment years, namely 2006, 2007 and 2008, in a single selection process - It is not in dispute that two vacancies to post of Oilman/Mazdoor were notified for year 2006 and yet another vacancy for year 2007 was notified later - Whether Administration was justified in deviating from prescriptive clause relating to educational qualification as notified in Annexure-A1 notification - Held, There is no clue. Still further, going by essential qualification prescribed for the post, I.T.I. Certificate must be in Electrician course or Wireman course - Candidates must be a proficient Electrician or he must be having proficiency in wiring - Diploma holders, who were included in select list, had obtained their Diplomas in Electrical and Electronics or in Mechanical Engineering - Appointing authority has made fundamental mistake in following such procedure of selection on that short ground, selection process is liable to be set at naught - Administration admitted that all applications received for three recruitment years referred to above (46 for the year 2006, 22 for the year 2007 and 90 for the year 2008) were considered together, since post in question and the educational qualifications and the criteria for selection for three recruitment years were same - A Diploma holder in Electrical and Electronics Engineering cannot be treated on par with an I.T.I. Certificate holder in Wireman and Electrician course - In that view of matter, not find any merit in contention raised by standing counsel for Administration - Impugned order passed by the Central Administrative Tribunal is set aside. Annexure-A4 select list is quashed - Petitions are allowed.

JUDGMENT

Basheer, J.

1. Since the issues involved in these writ petitions are common and closely inter related and also since they arise from the common order passed by the Central Administrative Tribunal, Ernakulam Bench in a batch of Original Applications, they are being heard and disposed of through this common judgment.

2. Bereft of unnecessary details, the facts which are essential for disposal of these cases may be briefly noticed.

3. Department of Electricity under the Administration of the Union Territory of Lakshadweep issued Annexure-A1 notification on April 22, 2008, inviting applications from eligible candidates for appointment to the post of Oilman/Mazdoor. In fact, ten vacancies were notified in the said notification. Later, a corrigendum notification was issued on July 24, 2008 indicating that only seven vacancies were available. (We will deal with this issue a little later).

4. The educational qualifications prescribed for the post in the notification are extracted hereunder:

"1. SSLC pass.

2. ITI Certificate in Electrician, Wireman or Mechanic Diesel." (emphasis supplied)

5. It is beyond controversy that candidates holding Diploma in Electrical and Electronics Engineering and Mechanical Engineering were also considered for selection to the post. Ultimately, Annexure-A4 select list dated October 3, 2008 was published by the Executive Engineer (Electrical). The list comprised of ten selectees in the main list and six in the wait list.

6. This select list was challenged before the Tribunal by ITI Certificate holders contending inter alia that the entire selection process was vitiated in as much as the candidates who possessed higher and different qualifications, namely, Diploma in Electrical and Electronics Engineering and Mechanical Engineering, were not only brought within the zone of consideration illegally, but also many of them were in fact selected in total violation of the qualifications prescribed and notified in Annexure-A1 notification. It was further contended that Diploma holders could not have been considered at all for selection, going the Recruitment Rules.

7. In the other two Original Applications, the primary challenge was against clubbing of the vacancies for the recruitment years 2006, 2007 and 2008 under a single notification and also against granting of age relaxation by two years to all candidates. In O.A.No.17/2009, the applicant, who had submitted his application against the vacancy for the year 2006, raised a further contention that the selection process was completed in total violation of the orders issued by the Administration in Annexure-A7 and also that the select list prepared by the Recruitment Committee was shelved and a new list was published by the Executive Engineer who had no authority to do so.

8. The Administration and the Departmental Officers stoutly denied the allegation that the selection process was vitiated in any manner. It was contended that the educational qualification indicated in the notification was "the minimum requirement" and this did not debar the persons with higher qualifications being considered for appointment. It was further contended that "candidates possessing higher qualifications were not given any preference over the candidates who were having only essential qualifications and that the percentage of marks secured in Degree/Diploma exams were only considered for selection and it was reported that no additional mark was allowed for their higher qualification". The allegation that age relaxation to the extent of two years was given to some of the candidates in violation of the Rules was also denied. According to the Administration, age relaxation was given in tune with the amended Rules. We will deal with the other contentions raised by the Administration a little later.

9. The Tribunal, after considering the rival contentions of the parties, gave its seal of approval to the selection process held by the Administration. The Tribunal took the



















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