SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(HP) 457

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Sureshwar Thakur, J.
Manoj Kumar - Appellant
Versus
State Of H.P. & Anr. - Respondents
C.W.P.O.A. No. 36 of 2019
Decided On : 22-02-2021

Advocates appeared:
Sanjeev Bhushan, Advocate, Rakesh Chauhan, Advocate, Ashwani Sharma, Advocate, Vikrant Chandel, Advocate, Sanjeev Kumar Motta, Advocate

The court can intervene if there are contradictions or non-application of mind in the committee's conclusions regarding the equivalence of qualifications.

Headnote:

Educational Qualification - Equivalence of Qualifications - Judicial Review - [Electronics and Communication Engineering] - [Recruitment and Promotion Rules] - [Summary of the judgment]

Fact of the Case:

The writ petitioner applied for the post of J.E. (Electrical) with a diploma in Electronics and Communication Engineering. His candidature was rejected based on the essential qualification prescribed in the Recruitment and Promotion Rules.

Finding of the Court:

The Equivalence Committee declared the petitioner's qualification as unfit for the advertised post, and the court was barred from making an independent judicial review. However, the court found contradictions in the Equivalence Committee's conclusions and ruled in favor of the petitioner, directing his appointment against the advertised post.

Issues: The main issue was the equivalence of the petitioner's qualification with the essential qualification prescribed in the Recruitment and Promotion Rules.

Ratio Decidendi: The state as the employer is entitled to prescribe qualifications as a condition of eligibility, and equivalence of qualifications is not a matter for judicial review. However, the court can intervene if there are contradictions or non-application of mind in the committee's conclusions.

Final Decision: The writ petition was allowed, and the respondents were directed to proceed with the appointment of the petitioner against the advertised post.

JUDGMENT

Sureshwar Thakur, J. - The writ petitioner holds, as becomes unfolded by Annexure A-1, a diploma, from the Himachal Pradesh Takniki Shiksha Board, in the discipline, of, Electronics and communication Engineering. In pursuance thereof, he applied against the advertised post, of, J.E. (Electrical), and his application, was made from the general (BPL category), wheretowhom, some of the advertised post(s), became reserved. However, through Annexure A-4, the petitioner became communicated, that his candidature, warrants rejection, as, it has become pronounced, by, the Apex Board, that the afore diploma, in Electronics and Communications, is, unbefitting for empowering, the petitioner to seek his becoming, considered for selection and appointment, against the advertised post, of, J.E. (Electrical), (a) and, nor it satiates the essential qualification, as becomes borne in the apposite Recruitment and Promotion Rules, wherein, a prescription occurs, inasmuch as, the aspirants' holding a diploma/degree, in Electrical Engineering or Electronics Engineering, from, an institution, recognized by the State Government/Central Government. Since, the juxtaposing Anneuxre A-1, wherethrough, the writ petitioner, is, displayed to obtain a diploma, in Electronics and Communication Engineering, vis--vis, the afore alluded imperative essential qualification, hence prescribed in the apposite Recruitment and Promotion Rules, embodied in Annexure-R/2-A, does, reveal qua rather Annexure A-1, prima-facie, making departure(s) or deviation(s) therefrom, (b) inasmuch as, therein, the aspirants concerned, being enjoined to possess a diploma/degree in Electrical Engineering or Electronics Engineering, from an institution, recognized by the State Government or Central Government, (c) whereas, with the apposite diploma, embodied in Annexure A-1, rather unfolding qua therein(s) depictions occurring that in addition to, the enjoined discipline, of Electronics, his also during the apposite course, of, his completing, the tenure, of, his studies, hence receiving instructions, in the discipline, of, Communication Engineering, thereupon, prima-facie, the cancellation, of, the candidature of the writ petitioner, for the afore post, does, hold an iota, of, validity.

2. Dehors, the afore, during the pendency, of, original application, bearing No. 2117 of 2016, an order, of, 13.1.2017, became rendered by the learned earstwhile H.P. State Administrate Tribunal, (i) where through, the fitness, or suitability of, the writ petitioner, to apply against the advertised post, and/or, vis--vis, the afore echoing(s), made in Annexure A-1, being construable, to, be co-equal, to, the prescribed educational criteria, became pronounced, to, be referred, to the Equivalence Committee. However, the afore order, became challenged by the Himachal Pradesh Staff Selection Commission, through, its constituting CWP No. 422 of 2017, and thereon on 12.7.2018, a decision was made, wherein a direction was made, upon, the learned erstwhile H.P. Administrative Tribunal, to, after considering the report, of, the Equivalence Committee, and, after affording an opportunity, to all the parties, its making a decision, on merits, upon the lis, borne in CWPOA No. 36 of 2019. The learned counsel for the Himachal Pradesh Staff Selection Commission, submits before this Court, that the report of the Equivalence Committee, borne in Annexure A-6, when in the concluding paragraph thereof, makes a declaration, that the educational qualification, possessed by the writ petitioner, and as became embodied in Annexure A-1, is, un-befitting, for, the advertised post, (ii) thereupon(s), it cannot be treated, as, an appropriate qualification, for the post, of, Junior Engineer (Electrical), (iii) and, hence sanctity, is, enjoined to be meted thereto. In making the afore submission, appertaining to this Court, becoming barred to make, an, independent, from the afore conclusion, hence judicial review, of, the afore, he

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top