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2019 Supreme(HP) 1143
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
V. Ramasubramanian, Anoop Chitkara, JJ.
Himachal Pradesh Staff Selection Commission And Others – Appellants
Versus
Pawan Thakur – Respondent
Civil Writ Petition No. 1769 of 2018, 1770 of 2018, 1771 of 2018, 1772 of 2018, 1773 of 2018, 1774 of 2018, 1775 of 2018
Decided On : 29-08-2019
B.C. Negi, Adv., Nitin Thakur, Adv., Ashok Sharma, Adv., J.K. Verma, Adv., Adarsh K. Sharma, Adv., Ritta Goswami, Adv., Nand Lal Thakur, Adv., Yogesh Kumar Chandel, Adv., Mehar Chand, Adv.
The court established that the State, as the employer, has the authority to prescribe the qualifications for a post, and the equivalence of qualifications is not a matter for judicial review.
Headnote:
Surveyors - Recruitment Qualifications - Himachal Pradesh Department of Irrigation and Public Health Surveyor Class-III (Non-Gazetted) Recruitment and Promotion Rules, 2013, Kerala State and Subordinate Services Rules - The court discussed the essential qualifications prescribed for the post of Surveyors, the interpretation of these qualifications, and the influence of previous court decisions on the eligibility of candidates with higher qualifications.
Fact of the Case:
The Staff Selection Commission rejected the applications of candidates holding a Diploma or Degree in Civil Engineering for the post of Surveyors. The candidates filed Original Applications challenging the rejections, and the Tribunal allowed the applications based on a previous Supreme Court judgment.
Finding of the Court:
The court found that the Tribunal's reliance on the previous Supreme Court judgment was misplaced, as the essential qualifications for the post of Surveyors did not allow for candidates with higher qualifications in a different field.
Issues: The main issue was the eligibility of candidates with higher qualifications in Civil Engineering for the post of Surveyors, based on the essential qualifications prescribed in the Recruitment and Promotion Rules.
Ratio Decidendi: The court emphasized that the equivalence of qualification is not a matter for judicial review and that the State, as the employer, is entitled to prescribe the qualifications as a condition of eligibility. It also highlighted the distinction made in previous Supreme Court decisions regarding the interpretation of essential qualifications.
Final Decision: The court allowed the writ petitions, set aside the Tribunal's order, and dismissed the Original Applications filed by the respondents.
JUDGMENT :
V. Ramasubramanian, J.
Challenging a common order passed by the Himachal Pradesh State Administrative Tribunal (hereinafter referred to as 'the Tribunal') in a batch of Original Applications, directing the Himachal Pradesh Staff Selection Commission (hereinafter referred to as the 'Staff Selection Commission') to appoint the applicants before the Tribunal as Surveyors, the Staff Selection Commission has come up with these seven writ petitions.
2. We have heard Mr. B.C. Negi, learned Senior Counsel appearing for the Staff Selection Commission which is the petitioner in all these writ petitions, the learned Advocate General appearing for the State and Mr. Yogesh Kumar Chandel, learned counsel appearing for the respondents, who were applicants before the Tribunal.
3. By a Notification dated 16.5.2016, the Staff Selection Commission invited applications for appointment to various posts, in various departments of the Government. One of the posts included in the Notification for recruitment was the post of Surveyors, to be appointed on contract basis, in the Department of Industries and in the Department of Irrigation and Public Health. The post code allotted to the said post in the Department of Irrigation and Public Health was 527. The post code allotted to the said post in the Department of Industries was 488.
4. The essential qualifications prescribed in the Notification for recruitment to the post of surveyors in the Department of Irrigation and Public Health were (i) a pass in 10+2 examination from a recognized Board/University; and (ii) a certificate in the trade of Survey Work or its equivalent from a recognized I.T.I or from an Institute duly recognized by the Central/HP Government. The essential qualifications prescribed for recruitment to the post of surveyors in the Department of Industries were (i) Matric Examination or its equivalent from a recognized Board of School Education/Institution duly recognized by the Central/H.P. Government and (ii) two years Certificate Course in the trade of Survey Work from a recognized I.T.I/Institution duly recognized by the Central/H.P. Government
5. The post of Surveyor is in Class-III and is a Non-Gazetted State Cadre post. The Rules relating to recruitment and Promotion to the said post, in the department of Irrigation and Public Health, titled as "Himachal Pradesh Department of Irrigation and Public Health Surveyor Class-III (Non-Gazetted) Recruitment and Promotion Rules, 2013"issued by the Governor in exercise of the powers conferred by proviso to Article 309 of the Constitution, also prescribe the very same qualifications as indicated in the Notification for recruitment, namely (i) a pass in 10+2 examination from a recognized Board/University; and (ii) a Certificate in the trade of Survey Work or its equivalent from a recognized I.T.I or from an Institute duly recognized by the Central/H.P. Government.
6. Similarly, the prescription in the notification, with regard to post of Surveyor in the department of Industries was also in tune with the Recruitment and Promotion Rules for the post of Surveyors in the Department of Industries.
7. In response to the said Notification for recruitment, a lot of candidates, including those who were either Diploma Holders or Degree Holders in the discipline of Civil Engineering, also applied. The diploma/degree holders applied on the basis that they were holding a higher qualification in the same discipline and that therefore, there could be no bar.
8. On 25.9.2016, a written screening test was conducted and even the Diploma Holders and Degree Holders in Civil Engineering were allowed to participate in the written screening test. The results of this screening test were declared on 20.1.2017, and the short-listed candidates were invited for interview from 6.3.2017 to 9.3.2017.
9. But in the meantime, the applications of candidates holding a Diploma or Degree in Civil Engineering were rejected. Challenging the orders of rejection, a set of candida
