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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, CHANDER BHUSAN BAROWALIA, JJ.
Engineer-in-Chief and Ors - Petitioner
Versus
Narender Kumar & Ors - Respondents
CWP No. 4375 of 2019 with CWP Nos. 520, 603, 821, 822, 845, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1349, 1350, 1354, 1697, 1698, 1699, 1730, 1731, 1830, 1878, 1880, 1897, 1898, 2243, 2889, 2890, 3283, 3284 and 3372 of 2020, CWPTA No. 3, 4, 5, 6 & 9 of 2020
Decided On : 09-04-2021
Constitution of India, 1950 – Article 309 – Appointment – Petitioner- State sent a requisition for filling up of 250 posts of Pump Operator to H. P. Staff Selection Commission, vide requisition alongwith the R & P Rules to post of Pump Operator – Respondents applied for post of Pump Operator and were allowed provisionally to appear in objective type written screening test conducted alongwith other candidates on basis of information furnished by them. – Their candidatures were not checked by proforma respondent No. 1 at time of allotting Roll Numbers but they were allowed to sit in screening test on basis of declaration and by relying upon that they have ensured their eligibility in terms of advertisement. – It was made clear under condition No. 4 of important instructions for filling up online applications that candidates must ensure their eligibility in terms of essential qualification etc. to avoid rejection of their candidature at later stage. – Respondents applied for post of Pump Operator and were allowed provisionally to appear in objective type written screening test conducted alongwith other candidates on basis of information furnished by them. – Their candidatures were not checked by proforma respondent No. 1 at time of allotting Roll Numbers but they were allowed to sit in screening test on basis of declaration and by relying upon that they have ensured their eligibility in terms of advertisement. – It was made clear under condition No. 4 of important instructions for filling up online applications that candidates must ensure their eligibility in terms of essential qualification etc. to avoid rejection of their candidature at later stage. – Petitioner-State feeling aggrieved and dissatisfied with impugned judgment/order has filed instant petitions mainly on ground that Tribunal erred in not appreciating fact that essential qualification as prescribed in R & P rules for post of Pump Operator and notified in advertisement as such candidate who possess certificate in trades of Electrician/ Wireman/ Diesel Mechanic/ Pump Mechanic/ Motor Mechanic/ Pump Operatorcum- Mechanic from a recognized ITI, which was specific in conformity with Rules framed under Article 309 of Constitution of India and being statutory in nature could not have been supplemented by any decision including recommendations made by State Level Board of Equivalence Committee – Held, Once this is fact situation, then obviously no exception can be taken and was rightly not taken by petitioners before Tribunal at the time when matter was referred to Equivalence Committee – Tribunal was conscious of fact that it is neither job of Tribunal nor it was within competence to determine whether one qualification was relevant to other or not. – Once it had been pressed that contesting respondents do not possess minimum qualification, in such circumstances, Tribunal in its wisdom has rightly referred matter to Equivalence Committee. – That apart, no fault can be found with the directions issued by Tribunal to refer matter to Equivalence Committee, particularly, when State at earlier occasion had repeatedly appointed candidates with same and similar qualification to one possessed by respondents herein – Court really do not see any reason why and how petitioners can be said to be aggrieved by orders of Tribunal. – Would recommendations of Equivalence Committee have been without merit, obviously, petitioners would not have taken same into consideration and thereafter amended its rules so as to bring it in conformity with opinion of Equivalence Committee. – Once Equivalence Committee has given its recommendations, same will have to apply retrospectively from date on which certificate/diploma/degree has been obtained. – Court find no merit in these petitions and same are accordingly dismissed – Petition Dismissed
JUDGMENT :
TARLOK SINGH CHAUHAN, J.
1. Since common question of law and facts arise for consideration in these petitions, therefore, they are taken up together and are being disposed of by way of a common judgment.
2. The brief facts of the case are that the petitioner- State sent a requisition for filling up of 250 posts of Pump Operator to the H. P. Staff Selection Commission, Hamirpur vide requisition dated 18.06.2016 alongwith the R & P Rules to the post of Pump Operator.
3. In the advertisement, essential qualification for the post of Pump Operator (Post Code 537) was prescribed as under:-
(i) Should be a Matriculate from a recognized Board of School Education/ Institute or its equivalent from a recognised University/Board.
(ii) Should possess certificate in trades Electrician/Wireman/Diesel Mechanic/Pump Mechanic/Motor Mechanic/ Pump Operator—cum- Mechanic from recognized ITI.
4. In response to the above advertisement, the respondents applied for the post of Pump Operator and were allowed provisionally to appear in the objective type written screening test conducted on 09.06.2017 alongwith other candidates on the basis of the information furnished by them. Their candidatures were not checked by the proforma respondent No. 1 at the time of allotting the Roll Numbers but they were allowed to sit in the screening test on the basis of declaration and by relying upon that they have ensured their eligibility in terms of advertisement. It was made clear under condition No. 4 of important instructions for filling up online applications that the candidates must ensure their eligibility in terms of essential qualification etc. to avoid rejection of their candidature at the later stage.
5. The respondents/applicants emerged successful in the above objective-type written/screening test conducted by proforma respondent No. 1 and were shortlisted for further selection process and were called for evaluation of documents/certificate alongwith original testimonials/documents and one attested copy of each for checking up of their eligibility criteria. Then, it was found by proforma respondent No. 1 that the respondents/applicants did not possess the essential qualification as prescribed in the R & P Rules and rejected the candidature of the respondents/applicants on the ground that they did not fulfill the requisite essential qualification.
6. Respondents/applicants feeling aggrieved by the decision of the proforma respondent whereby their candidature was rejected for the post of Pump Operator, filed various petitions before the erstwhile learned Administrative Tribunal. Vide interim order dated 28.08.2018 read with order dated 12.12.2018, the learned Administrative Tribunal directed the petitioner-State to refer the matter to the State Level Board of Equivalence Committee for its consideration whether certificate/diploma from a recognized ITI in Electrical, Mechanic (Motor-Vehicle) and Pump Operation and Maintenance trades are equivalent to the qualification as mentioned in the R & P Rules provided as second qualification beside matriculation from a recognized Board of School Education/Institutes for the post of Pump Operator (Post code 537) and submit the report of the Committee to it.
7. In compliance to order dated 28.08.2018, the matter was referred to the State Level Board of Equivalence Committee and the Committee submitted its report on 08.04.2019 to the government, who filed the same before the erstwhile learned Tribunal.
8. The learned Tribunal disposed of the OA vide its order dated 10.04.2019 with the direction to the respondents/competent authority(ies) to proceed further in the matter in accordance with the decision of the State Level Board of Equivalence Committee held on 08.04.2019, as expeditiously as possible, preferably by 31.05.2019.
9. The petitioner-State feeling aggrieved and dissatisfied with the impugned judgment/order dated 10.04.2019 has filed the instant petitions mainly on the ground that the lear
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