Back
2020 Supreme(HP) 388
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Tarlok Singh Chauhan, Jyotsna Rewal Dua, JJ.
Robin Kumar & Anr. - Appellant
Versus
State of Himachal Pradesh - Respondent
Civil Writ Petition No. 138 of 2020; C W P O A No. 3601 of 2019, 3633 of 2019, 6534 of 2019, 6252 of 2020
Decided On : 14-08-2020
K.D. Shreedhar, Advocate, Kush Sharma, Advocate, Tanvi Chauhan, Advocate, Nimish Gupta, Advocate, Dilip Sharma, Advocate, Manish Sharma, Advocate, Bhuvnesh Sharma, Advocate, R.P. Singh, Advocate, Seema Sharma, Advocate, Ashok Sharma, Advocate, Tara Singh Chauhan, Advocate, Sanjeev Kumar, Advocate, Angrez Kapoor, Advocate, Rakesh Kumar Sharma, Advocate
Headnote:
JUNIOR ENGINEER (ELECTRICAL) - RECRUITMENT - HIGHER QUALIFICATION - DEGREE IN ELECTRICAL ENGINEERING/ELECTRICAL & ELECTRONICS ENGINEERING - WHETHER HIGHER QUALIFICATION THAN DIPLOMA IN THE AFORESAID SUBJECT - HELD, NO - DEGREE IN ENGINEERING IS NOT IN THE SAME LINE AS DIPLOMA IN ENGINEERING AND IT, THEREFORE, CANNOT BE CONSIDERED TO BE A HIGHER QUALIFICATION.
Fact of the Case:
The petitioners applied for the post of Junior Engineer (Electrical) advertised by the Himachal Pradesh Staff Selection Commission on the requisition sent by the Himachal Pradesh State Electricity Board Ltd. After qualifying the written examination, the petitioners were called for verification of the documents but the final result was not declared. The degree-holder petitioners claimed the right of consideration, whereas the diploma-holder petitioners opposed the claim of the degree-holders on the ground that the qualifications possessed by these petitioners is neither higher nor can be considered in teeth of the recruitment rules as also on the basis of the advertisement issued by the Himachal Pradesh Staff Selection Commission.
Finding of the Court:
A Diploma in Engineering and Degree in Engineering are two distinct qualifications and a degree in the field in question cannot be viewed as a higher qualification when compared to Diploma in that field. Consequently, the degree holder petitioners cannot be permitted to urge that they possess higher qualification which would meet the requirement of specific qualifications specified in the rules or advertisement.
Issues: Whether a degree in Electrical Engineering/Electrical & Electronics Engineering is technically higher qualification than a diploma in the aforesaid subject and, if so, are the degree holders eligible for the appointment to the post of Junior Engineer (Electrical).
Ratio Decidendi: The normal rule would be that candidate with higher qualification is deemed to be fulfilled the lower qualification prescribed for the post. But that higher qualification has to be in the same channel. The degree in engineering is not in the same line as diploma in engineering and it, therefore, cannot be considered to be a higher qualification.
Final Decision: The petitions filed by the degree holder petitioners being CWP No. 138 of 2020, CWPOA No. 3601 of 2019 and CWPOA No. 3633 of 2019 are dismissed, whereas the petitions filed by the diploma holder petitioners i.e. CWPOA No. 6534 of 2019 and CWPOA No. 6252 of 2020 are allowed. Accordingly, the Himachal Pradesh Staff Selection Commission is directed to consider the case of only those diploma holders strictly in accordance with the rules and the advertisement which form the basis for recruitment to the post of Junior Engineer (Electrical).
JUDGMENT
Tarlok Singh Chauhan, J. - Whether a degree in Electrical Engineering/Electrical & Electronics Engineering is technically higher qualification than a diploma in the aforesaid subject and, if so, are the degree holders eligible for the appointment to the post of Junior Engineer (Electrical), is the core issue that arises for consideration in these petitions.
2. Cwp No. 138 of 2020, CWPOA No. 3601 of 2019 and CWPOA No. 3633 of 2019 have been filed by the degree-holder petitioners (for short 'degree-holder petitioners) claiming the right of consideration, whereas CWPOA No. 6534 of 2019 and CWPOA No. 6252 of 2020 have been filed by the diploma-holder petitioners (for short diploma-holder petitioners) opposing the claim of the degree-holders.
3. On 27.06.2018, the Himachal Pradesh Staff Selection Commission on the requisition sent by the Himachal Pradesh State Electricity Board Ltd., advertised 222 posts of Junior Engineer (Electrical). The petitioners applied for the post and after qualifying the written examination were called for verification of the documents but the final result was not declared, hence these petitions.
4. It is urged on behalf of the degree holder petitioners that even though the qualification possessed by them is not stipulated in the rules or in the advertisement as the only minimum qualification has been prescribed, however being possessed of technical qualification higher than the prescribed qualification, they have every right to be considered for appointment.
5. On the other hand, the diploma holder petitioners opposed the consideration of the candidature of the degree holder petitioners on the ground that the qualifications possessed by these petitioners is neither higher nor can be considered in teeth of the recruitment rules as also on the basis of the advertisement issued by the Himachal Pradesh Staff Selection Commission.
6. The Employer i.e. Himachal Pradesh State Electricity Board Ltd. (for short 'HPSEBL') has adopted a very guarded stand as is evident from para 13 of the reply which reads as under:
"13. That the para No.13 of the petition pertaining to record is admitted and contrary to record is denied specifically. It is further submitted with utmost respect that as per the provisions of R&P regulations the minimum essential qualification provided for making recruitment to the post of Junior Engineer (Elect.) is "matriculation with Diploma in Electrical/ Electronics/Electronics and Communication/ Computer Science from the recognized Institution/ Board/University duly recognized by the Central or State Government". Accordingly the replying respondent has requested respondent No.3 being the recruiting agency for conducting the process of selection in accordance with law taking into account the aforesaid provisions of the R&P Regulations and to sponsor the name of eligible successful candidates for considering their appointment to the post of Junior Engineer (Elect.) and respondent No.3 has to initiate the selection process strictly in accordance with the provisions of the R&P Regulations, which have also been incorporated in the advertisement issued for that purpose and the petitioners are fully aware of this essential requirements and which has been notified in the advertisement as is published by respondent No.3 and respondent No.3 could not travel beyond the provisions of the R&P as framed and notified by the replying respondent as such the petition of the petitioners is premature and same is liable to be dismissed."
7. Similar averments have been made in para-5 of the preliminary submissions.
8. The respondent-Staff Selection Commission, which has issued the advertisement and has conducted the selection takes exception to the consideration of the graduate degree holder petitioners as being not eligible and it is because of such exception that the selection has not been taken to its logical end.
9. We have heard learned counsel for the parties and have gone through the records of the c
