Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2007 Supreme(J&K) 274

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
J.P. Singh, J.
S. Gurmeet Singh & Ors. - Appellant
Versus
State & Ors. - Respondent
SWP No. 1184/2006, CMP No.1465/2006 C/w SWP No.1275/2006 CMP Nos. 1576/2006, 2742/2006 & 535/2007 SWP No. 1325/2006 CMP Nos. 1635/2006 & 147/2007 SWP No. 1393/2006 CMP Nos. 130/2007, 1715/2006, 2743/2006, And 2823/2007
Decided On : 13 December, 2007

Advocates Appeared:
Advocate For Appellant: U.K. Jalali
Advocate For Respondent: Seema Sheikher
Advocate For Appellant: Anil Khajuria
Advocate For Appellant: Vikram Sharma
Advocate For Respondent: S.K. Shukla
Abhinav Sharma for the Intervener

The main legal point established in the judgment is that higher qualifications, such as a Degree in Engineering, should be considered equivalent to the prescribed qualifications for a post, and candidates with higher qualifications should not be automatically barred from competing for posts with lower prescribed qualifications.

Headnote:
Degree in Engineering - Motor Vehicle Inspectors - Motor Vehicles Act, 1988 - All India Council for Technical Education Act, 1987 - [Motor Vehicles Act, 1988, All India Council for Technical Education Act, 1987] - The court discussed the interpretation of the qualifications required for the posts of Motor Vehicle Inspectors, the status of Degree in Engineering compared to Diploma in Engineering, and the influence of All India Council for Technical Education's notifications in determining the eligibility of candidates holding higher qualifications.
Fact of the Case:

The Jammu and Kashmir Services Selection Board invited applications for Motor Vehicle Inspectors, initially requiring a Diploma in Automobile Engineering/Mechanical Engineering. Later, a corrigendum modified the qualifications, leading to the denial of candidates with Bachelor of Engineering degrees to compete for the posts.
Finding of the Court:

The court found that candidates with Bachelor of Engineering degrees in Automobile Engineering/Mechanical Engineering should be considered eligible to compete for the advertised posts of Motor Vehicle Inspectors, as their higher qualifications should be treated as equivalent to the prescribed Diploma in Engineering.
Issues: The main issues were whether a Degree in Engineering is a higher qualification than a Diploma in Engineering, and whether candidates with higher qualifications should be barred from competing for posts with lower prescribed qualifications.
Ratio Decidendi: The court relied on the interpretation of the All India Council for Technical Education Act, 1987, and its notifications, to establish that Degree in Engineering is a higher qualification than Diploma in Engineering. It also emphasized that higher qualifications should be considered equivalent to the prescribed qualifications for the posts.
Final Decision: The court held that the candidates with Bachelor of Engineering degrees should be considered eligible for the posts of Motor Vehicle Inspectors, and directed the Jammu and Kashmir Services Selection Board to treat them as eligible and proceed with the selection process.

1. These four writ petitions, raising common questions of law and facts, heard together on existing pleadings with the consent of learned counsel for the parties, have been taken up for joint disposal.

The facts have been taken from SWP No. 1184/2006.

2. FACTS:

The Jammu and Kashmir Services Selection Board (hereafter `The Board for short), had invited applications for filling up twenty (20) posts of Motor Vehicle Inspectors vide its Advertisement Notice No.10 of 2005 dated 29th of December, 2005. The minimum qualification prescribed for the posts is Diploma in Automobile Engineering/Mechanical Engineering having atleast five years experience in any recognized Institution or State Transport Undertaking. The Board had, however, later issued Corrigendum dated 21-02-2006 published on 22-02-2006, indicating modification in the qualifications required for the posts of Motor Vehicle Inspectors, in terms of the provisions of the Motor Vehicles Act, 1988. The modification so notified, reads thus:-

(1) Minimum general educational qualification of a pass in X standard and

(2) (i) a diploma in Automobile Engineering (3 years Course) or (ii) a diploma in Mechanical Engineering awarded by the State Board of technical Education (3 years course) or (iii) any qualification in either of the above discipline declared equivalent, by the Central Government or State Government.

(3) Working experience of at least one year in a reputed automobile workshop which undertakes repairs of both light motor vehicles, heavy good vehicles and heavy passenger motor vehicles fitted with petrol and diesel engine and

(4) Must hold a driving licence authorizing him to drive motor cycle, heavy goods vehicles and heavy passenger motor vehicles.

The corrigendum had further provided for modification of the short listing criteria and follow up action in its Notification No. 11 of 2005 dated 29-12-2005 as under:-

(1)

Weightage for the basic technical qualification

with one year experience = 60

(2)

Degree (B.E) in relevant Discipline = 10

(3)

M.E. in the relevant discipline = 10

(4)

Viva-voce = 20

3. The writ petitioners, holding Bachelor of Engineering Degree in Automobile Engineering/Mechanical Engineering, besides possessing other requisite qualifications in terms of the Boards Corrigendum, had applied for seeking consideration for selection against the advertised posts of Motor Vehicle Inspectors. They, however, have been denied opportunity to compete for the advertised posts by the Board on the ground that they did not possess Diploma in Automobile Engineering/Mechanical Engineering, the minimum prescribed qualification for the posts of the Motor Vehicle Inspectors and were as such ineligible for the advertised posts.

4. Aggrieved by the action of the Board in holding them ineligible to compete for the posts of Motor Vehicle Inspectors, the petitioners have filed these writ petitions saying that they possess higher qualification of Bachelor of Engineering in Automobile Engineering/Mechanical Engineering and were thus eligible to compete for the posts of Motor Vehicle Inspectors.

5. The case projected by the petitioners in their writ petitions, in nutshell, is that their possessing higher qualification of Bachelor of Engineering, cannot be treated as dis-qualification to make them ineligible to compete for the advertised posts because Bachelor of Engineering, which being a much higher qualification to that of Diploma in Engineering would include their having acquired lower qualification of Diploma in Engineering too, in the relevant discipline.

6. Whereas the State Government, while supporting the case of the writ petitioners, have in their reply affidavit, stated that possessing of higher qualification of Bachelor of Engineering by the petitioners makes them eligible to compete for the advertised posts and that a Communication too stands issued by it to the Chairman, Jammu and Kashmir Services Selection Board on 18-07-2007 in this behalf to consider the petitioners for the advertise

Click Here to Read the rest of this document