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IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY, J.
Richa Raj D/o Subhash Kumar – Petitioner
Versus
State of Jharkhand – Respondent
W.P. (S) No. 4886 of 2023
Decided On : 06-05-2024
Fact of the Case:
The petitioner, a diploma holder in Electrical Engineering, challenged the eligibility criteria set by the Jharkhand Staff Selection Commission (JSSC) for the post of Junior Engineer, arguing that only candidates with higher qualifications obtained through the diploma channel should be eligible, and that the term 'high technical qualification' should be interpreted in this context.
Finding of the Court:
The court found that the eligibility criteria as per the amended rules allowed candidates with 'high technical qualifications' irrespective of the channel through which they obtained their qualifications. The court ruled that the interpretation sought by the petitioner was misplaced and that the rules were clear in allowing direct B.Tech holders to participate.
Issues: 1. Whether the writ petition is maintainable? 2. Whether the Road Construction Department is a necessary party? 3. Whether direct B.Tech holders are excluded from the selection process?
Ratio Decidendi: The court held that the interpretation of the eligibility criteria did not exclude direct B.Tech holders and that the rules were clear in allowing all candidates with high technical qualifications to apply. The principle of 'Noscitur a Sociis' was deemed inapplicable as the language of the rules was clear and unambiguous.
Final Decision: The court dismissed the writ petition, affirming that the eligibility criteria set by the JSSC were valid and inclusive of all candidates with high technical qualifications, including those with direct B.Tech degrees.
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This writ petition has been filed for the following reliefs:
(b) For such declaration, a writ of mandamus commanding upon the respondent Jharkhand Staff Selection Commission to consider the candidature of only those candidates who either possesses the diploma in the required discipline or possess higher technical qualification in the same channel in which they have pursued their Diploma.
(c) For quashing of the Column 4 under Clause 6 of the vacancies published in Advertisement No. 04/2023 (Annexure -2) floated by the Jharkhand Staff Selection Commission for recruitment on the post of Junior Engineer (Electrical) under different departments of the Government of Jharkhand in so far as it allows candidates with higher technical qualification without diploma in the same channel to be eligible to participate in the appointment process of the diploma level posts as the same is vague, arbitrary, irrational and violative of Article 14 of the Constitution of India.
(d) For issuance of appropriate writs/orders/directions in the nature of Mandamus commanding upon the respondent-JSSC not to call upon any candidate for counselling/ document verification who have filled up the application forms having requisite qualification of B.Tech degree and further be directed not to publish the final result/ merit list of candidates having requisite qualification of direct B.Tech degree holders.
(e) During the pendency of this writ petition, respondent-JSSC be directed to keep the results in abeyance of all the candidates who have filled-up the application form upon the basis of having requisite qualification of direct B.Tech degree.”
2. The sole petitioner having qualification of Diploma in Electrical Engineering from State Board of Technical Education, Jharkhand is an applicant in recruitment process of Jharkhand Diploma Level Combined Competitive Examination, 2023 (hereinafter referred to as “JDLCCE-2023”) through advertisement no. 4 of 2023. The petitioner is a candidate in the appointment process of the junior engineers in the Urban Development and Housing Department of the State of Jharkhand.
3. Through this writ petition the petitioner is seeking interpretation of the words ^^mPp rduhdh ;ksX;rk/kkjh Hkh vkosnu ds ik= gksaxs** as used in the notification contained in memo. no. 8614 dated 25.10.2019 (Annexure-5) prescribing the required qualification for applying in recruitment process of “JDLCCE-2023” through Advertisement no. 4 of 2023. The interpretation as proposed by the petitioner to the term ^^mPp rduhdh ;ksX;rk/kkjh Hkh vkosnu ds ik= gksaxs** should mean only those persons having degree in technical education but have obtained the ‘high technical education’ after having diploma in engineering and would not include those persons who hold degree in Technical
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