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2018 Supreme(J&K) 107
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
DHIRAJ SINGH THAKUR, J.
Eshan Pandita - Petitioner
Versus
State of J&K and others - Respondents
SWP No. 2053 of 2012, MP Nos. 1, 2 of 2015
Decided On : 10-04-2018
For the Petitioner:Petitioner present in person.
The central legal point established in the judgment is the recognition of Production Engineering as equivalent to Mechanical Engineering, supporting the petitioner's eligibility for the post of Junior Engineer (Mechanical) Grade–II.
Headnote:
Eligibility - Production Engineering - The court held that the petitioner, who possessed a degree in Production Engineering, was eligible for the post of Junior Engineer (Mechanical) Grade–II, Divisional Cadre, Kashmir, as it was considered equivalent to Mechanical Engineering by the government and the university.
Fact of the Case:
The petitioner possessed a degree in Production Engineering and applied for the post of Junior Engineer (Mechanical) Grade–II. The respondents did not recommend the petitioner for appointment, claiming he was ineligible due to not having a degree in 'Automobile Production Engineering'.
Finding of the Court:
The court found that the petitioner had established a prima facie case in his favor and stayed the operation of the order impugned. The respondents were directed to consider the petitioner as eligible and process his case for appointment.
Issues: The main issue was the eligibility of the petitioner for the post of Junior Engineer (Mechanical) Grade–II due to possessing a degree in Production Engineering instead of 'Automobile Production Engineering'.
Ratio Decidendi: The court considered the government's and university's clarifications that Production Engineering was equivalent to Mechanical Engineering, and applied the maxim 'Lex Non Cogit Ad Impossibilia' to support the petitioner's eligibility.
Final Decision: The court stayed the operation of the order impugned, directed the respondents to consider the petitioner as eligible, and ordered the Services Selection Board to make appropriate recommendations for the petitioner's appointment.
1. It appears that the J&K Services Selection Board pursuant to advertisement notification No. 01 of 2012 dated 19.07.2012 conducted a selection process, inter alia, for the post of Junior Engineer (Mechanical) Grade–II, Divisional Cadre, Kashmir. The qualification prescribed in the said notification for the post of Junior Engineer (Mechanical), Grade-II reads as under:-
“3 years Diploma in Mechanical Engineering from Govt. recognized Institute/Indian University Degree in Mechanical Engineering or AMIE Section (A&B).
Note:- Indian University Degree/three years diploma from Govt. recognized Institute in Aeronautical/Automobile Production Engineering shall be considered as equivalent to Degree/Diploma in Mechanical Engineering respectively.”
2. The aforesaid prescribed qualification is in line with the qualification prescribed under the Jammu & Kashmir Engineering Subordinate Service Recruitment Rules, 1997.
3. The petitioner has to his credit a degree in Production Engineering. Having considering himself eligible, the petitioner applied for the said post and was called for written test as well as the interview and the name of the petitioner figured at Sr. No. 19 of the select list.
4. It appears that the respondents, i.e., J&K Services Selection Board did not recommend the name of the petitioner for appointment on the ground that he was ineligible, inasmuch as he did not possess a degree in “Automobile Production Engineering”.
5. The case set up by the petitioner is that there is no Engineering degree in “Automobile Production Engineering” given by any institute in the country. It was urged that while separate degrees are awarded in Automobile Engineering, Production Engineering was a separate degree altogether and such a degree was never given in combination, as was otherwise prescribed under the rules.
6. It was stated that in fact while framing the rules, the rule makers should have specifically identified Production Engineering as a separate degree other than Automobile Engineering, whereas it has been reflected as one. It was further stated that it was impossible for anybody in the country or elsewhere in the world to acquire this degree and, therefore, that the Board would never find an eligible candidate with the prescribed degree in Automobile Production Engineering.
7. It appears that the respondents, with a view to clarify this issue sought an opinion from various quarters including the Chief Engineer, Mechanical Engineering Department, Kashmir. The said Chief Engineer vide communication dated 27.03.2015 addressed to the Commissioner/Secretary to Government, PW (R&B) Department, Civil Secretariat, Jammu clarified after examining the syllabi offered by different universities under reference courses B.E. (Production-Sandwich), B. E. (Production-Engineering) & B.E. (Mechanical-Sandwich) and opined that all the branches revolved around the Mechanical Branch and hence could be considered for the post of Junior Engineer (Mechanical).
8. It appears that the Special Secretary to Government, also obtained a clarification from the Deputy Registrar (Academic), Rashtrasant Tukadoji Maharaj Nagpur University, who clarified that the degree of B.E. (Production Engineering) offered by the said university was equivalent to B.E. (Mechanical Engineering) for purposes of employment. The Government on its own also appears to have got the matter examined through a Committee headed by the Development Commissioner (Works) constituted vide Government Order No. 229-PW(R&B) of 2016 dated 04.08.2016. The said committee recommended as under:-
“May consider recommendations of committee in respect of Production Engineering wherein the committee in respect of Production Engineering wherein the committee has recommended for making necessary corrections substituting with (/) after the word “Automobile” in the recruitment rules thereby clearly indicating that Automobile and Production Engineering are separate degrees and shall be considered as equivale
