The decision to deny a competency certificate must be reasonable and non-discriminatory.

ORDER :

(Sanjaya Kumar Mishra, J.)

1. Petitioner No. 2 in WP(C) No. 4793 of 2018 has assailed the order dated 8.3.2022 passed by the learned Single Judge, rejecting the writ petition filed along with M/s General Engineering and Marketing Organization, for grant of competency certificate under Rule 2-A of the Jharkhand Factories Rules, 1950 (hereinafter referred to as “the Rules, 1950”).

2. The factual background is not disputed at this stage.

3. Petitioner No. 1, the proprietorship firm, which engaged competent persons for the purpose of carrying out tests examination, inspection and certification under the Factories Act, 1948 and the Rules made thereunder. Earlier, the petitioner No. 1 was issued certificate of competency with respect to one Surendra Kumar Singh being a Civil engineer employed by it. After expiry of the said competency certificate on 18.1.2018, petitioner No. 1 being an institution applied before the respondent No. 3 i.e. the Chief Inspector of Factories, Govt. of Jharkhand, Ranchi for renewal of certificate of competency issued in the name of Surendera Kumar Singh as well as for grant of fresh competency certificate to petitioner No. 2 (a mechanical engineer employed by petitioner No. 1), whereupon a show cause notice was issued by respondent No. 3 vide letter dated 10.5.2018 to the petitioner No. 1 stating that competency certificate of petitioner No. 2 was once cancelled by the then Chief Inspector of Factories, Jharkhand and therefore, it would not be proper to reconsider his name as a competent person. The respondent No. 3 also stated in the said letter that as per the records maintained in the office of the said respondent, the petitioner No. 1 had failed to comply condition Nos. V, VI, IX, X and XII of the competency certificate, which was considered as violation of the provisions of Jharkhand Factories Rules, 1950 and hence, it was required to file reply to the show cause notice as to why the application for renewal of competency certificate should not be rejected.

Petitioner No. 1 replied the said show cause notice vide its letter dated 25.5.2018 stating that there had been no violation as alleged and there was no impediment in renewing the certificate of competency issued with respect to one Surendra Kumar Singh. It was also stated in the said reply that since the petitioner No. 2 was a qualified and experienced person fulfilling all the eligibility criteria for declaring him as a competent person under rule 2-A of the Rules, 1950, his competency certificate was cancelled with ulterior motive. However, the respondent No. 3 vide letter dated 31.5.2018 only recognized Surendra Kumar Singh as competent person and declined to recognize the petitioner No. 2 as competent person.

4. The learned counsel for the appellant-petitioner No. 2 would submit that the order impugned before the learned Single Judge has the effect of debarring the petitioner No. 2 is for indefinite period, which is in the teeth of various judgments of the Hon’ble Supreme Court as well as of this Court. It is also asserted that as per the information received under the Right to Information Act, 2005 by the proprietor of petitioner No. 1 that similarly situated person namely, Sumit Kumar, whose certificate was earlier revoked was subsequently given the competency certificate and thus the respondents have discriminated the petitioner No. 2 as against similarly situated persons. It is further submitted that there is no provision in the Factories Act, 1948 as well as in the Rules, 1950 empowering the respondent No. 3 to revoke the certificate of the person/institution for an indefinite period, even if it is presumed that once the same is revoked and there is no provision for renewal of a competency certificate, the said revocation can only be applicable till the validity of the certificate lasts and not beyond that. However, the learned Single Judge took into consideration the provision of Rule 2-A of the Rules 1950 and held that though the