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2021 Supreme(Jhk) 606

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Amit Kumar son of Sri Laljee Prasad Pramanik - Petitioner
Versus
Jharkhand Urja Vikas Nigam Limited through its Chairman cum Managing Director and ors. – Respondents
W.P. (S) No. 6172, 6167, 6183, 6203 of 2017
Decided On : 08-02-2021

Advocates:
Advocate Appeared:
For the Petitioner: Rajendra Krishna
For the Respondent: Mukesh Kumar Sinha, Sr. S.C. I

Headnote:

Constitution of India, 1950 - Experience Preference - Petitioner has preferred this writ petition for direction upon respondents to appoint petitioner on post of Junior Line Man in category of Schedule Tribe (ST) - Further prayer is for direction upon respondents to provide additional point at rate of 1.5 marks for every six months of working experience - Prayer is also made to provide all consequential benefits - Petitioner applied for his appointment on post of SBO and he was appointed to work on said post and he started working as SBO and petitioner was sent to Power Station where petitioner has worked - Petitioner submits that only question required to be considered by this Court is about experience certificate as disclosed in said advertisement - He submits that certificates of petitioners are extended for weightage of 1.5 marks for each six months period of service - He submits that in view of experience certificate, one year has been left out of working experience of petitioner that is why petitioners have not qualified for said selection – Held, object of Regulation appears to be that although course of study leading to IInd professional examination is common to all medical colleges, sequence of coverage of subjects varies from college to college - Requirement of 18 months of study in college from which student wants to appear in examination is appropriately insisted upon - Migration is not normally allowed and has got to be given in exceptional circumstances - In absence of such a stipulation as contained in Regulation 6(5), it is clear that migrated student is likely to miss instruction and study in some of subjects, which will ultimately affect his academic attainments - Strained meaning given by High Court, which actually changes language of Regulation 6(5), is not permissible - Court disagrees with view taken by High Court and state that correct interpretation is as given by Medical Council of India, set forth - Writ petitions dismissed.

ORDER :

Heard Mr. Rajendra Krishna, learned counsel for the petitioners and Mr. Mukesh Kumar Sinha, learned counsel for the respondents.

2. These writ petitions have been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. In all these writ petitions, common question of law is involved that is why all these writ petitions have been heard together.

W.P. (S) No.6172 of 2017

4. The petitioner has preferred this writ petition for direction upon the respondents to appoint the petitioner on the post of Junior Line Man in the category of EBC-I. Further prayer is for direction upon the respondents to provide additional point at the rate of 1.5 marks for every six months of working experience. The prayer is also made to provide all consequential benefits.

5. The petitioner has passed matriculation examination and thereafter obtained National Trade Certificate from Industrial Training Centre, Ranchi. The petitioner was orally appointed to work the functioning of Switch Board Operator on daily wage basis from 01.04.2012. Since then the petitioner is discharging his duty as Switch Board Operator. The petitioner was paid wages directly through Electric Supply Division, Sahibganj and to that effect, a certificate for payment to the petitioner has been issued by the Electrical Executive Engineer, Electric Supply Division, Sahibganj on 26.12.2016 in which it has been categorically stated that the petitioner is working as Switch Board Operator from 01.04.2012 till date. The petitioner was paid daily wages directly through Electric Supply Division, Sahibganj and to that effect a certificate for payment to the petitioner has been issued by the Electrical Executive Engineer, Electric Supply Division, Sahibganj. The petitioner comes under EBC-I category. A certificate to that effect has been brought on record as Annexure-4 issued by the Sub Divisional Officer, Sahibganj. The petitioner is working under Jharkhand Bijli Vitran Nigam Limited (Electrical Executive Engineer, Electric Supply Division, Sahibganj) as Switch Board Operator (SBO) on daily wages basis. Jharkhand Uraj Vitran Nigam Limited has floated Employment Notification No.03/2016 through its official website for appointment on various posts including the post of SBO Grade-II, Junior Line Man, Fitter Grade-II along with other posts.

W.P. (S) No.6167 of 2017

6. The petitioner has preferred this writ petition for direction upon the respondents to appoint the petitioner on the post of Junior Line Man in the category of Schedule Tribe (ST). Further prayer is for direction upon the respondents to provide additional point at the rate of 1.5 marks for every six months of working experience. The prayer is also made to provide all consequential benefits.

The petitioner has passed matriculation examination and thereafter obtained National Trade Certificate from Industrial Training Centre, Ranchi. The petitioner comes under the category of Schedule Tribe and to that effect a certificate has been issued by the Sub Divisional Officer which is annexed as Annexed as Annexure-2 this writ petition. The petitioner applied for his appointment on the post of SBO on 28.06.2012 and he was appointed to work on the said post and he started working as SBO in Power Sub Station, Sitapahar and thereafter the petitioner was sent to Barhait Power Station (PSS) where the petitioner has worked. Experience certificate has been issued to the petitioner by the Electrical Executive Engineer, Electric Supply Division, Sahibganj showing the working of the petitioner in between 01.08.2012 to 26.11.2013 as SBO in Barhait PSS. The petitioner has been paid wages during the period he has worked as daily wag

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