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2019 Supreme(P&H) 1044
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJIV SHARMA, HARINDER SINGH SIDHU, JJ.
Varinder Hans - Appellant
Versus
Union of India and Others - Respondents
Civil Writ Petition No. 30737 of 2018
Decided On : 31-07-2019
Ram Bilas Gupta, Adv., Shobit Phutela, Adv., Amit Jhanji, Adv.
Service Law--Essential Qualification--Where there was no misrepresentation by a candidate, and despite his not possessing the qualifications he had been appointed and had worked for considerable time it would be grossly unfair and morally wrong to dismiss him from service later
Headnote:
(A) Service Law--Essential Qualification--Where there was no misrepresentation by a candidate, and despite his not possessing the qualifications he had been appointed and had worked for considerable time it would be grossly unfair and morally wrong to dismiss him from service later. (Para 15)
Petitioner neither had ITI certificate in the respective trade nor did he have a Trade certificate from a recognized Institute which was the alternative requirement--The documents submitted by him were duly scrutinized--He was found eligible--He appeared for the interview--His skill at caning was put to test. He secured the maximum marks--The expert who evaluated the skill of the candidates did not find the petitioner lacking in any manner--He was recommended for appointment and joined on 5.2.2014--He was terminated on 1.10.2015 after he had worked for about one year and eight months--There is no observation that he was lacking in skill or that his work at the PGI was not upto the standards--Thus service are not liable to be terminated merely on the ground that he did not possess the prescribed qualification certificate.
(B) Service Law--Essential Qualification--Non possession of--Once the appointments were made and they were allowed to work for a considerable length of time, it would be hard and harsh to deny them the confirmation in the respective posts on the ground that they lack the prescribed educational qualifications. (Para 16)
JUDGMENT :
Harinder Singh Sidhu, J.
The petitioner has filed the present writ petition impugning the order of the Central Administrative Tribunal, Chandigarh Bench dated 13.12.2017, whereby, Original Application No.060/00177/2016 filed by him challenging his termination order dated 1.10.2015 has been dismissed.
2. The Recruitment Cell of the Post Graduate Institute of the Medical Education & Research (PGI) issued advertisement dated 18.09.2012 inviting online applications for recruitment to various posts including Technician Grade-IV (Cane-man).
3. The qualification of the said post was as under:
"Matric/ 10th Standard with ITI Certificate in the respective trade.
Or
Matric with trade certificate from a recognized Institute/ Board or Authority with 5 years experience in respect of trades for which ITI Certificate/ Training is not available."
4. The Selection Procedure was outlined in the advertisement and is as under:-
"C. SELECTION PROCEDURE:-
After the closing of last date of applications, all the candidates who have applied for the posts will be called for the written examination. The eligibility of the candidates for written examination those who have paid requisite application fee and after reconciliation it is confirmed that the candidate has paid the required fee in the bank for the written examination.
The eligibility of the candidates regarding educational qualification, age etc. will not be checked at this stage because no certificates/documents are called from the candidates alongwith application forms. These candidates are required to sit in the written examination, which will be held in Chandigarh only. The date, examination centre and roll number instruction for candidate etc. will be intimated to the candidates in Admit Cards which will be available on the website of the PGI. The written examination of One and Half Hours duration and will consist of 85 marks. There will be 85 multiple choice objective type questions. Each question will be of 1 mark. There will be no negative marking. During these One and Half hours the candidates will be required to undergo biometrics test so as to check any impersonation in the examination. The syllabus of the examination will be of such nature as the candidate has studied during his/her professional course.
On the basis of written examination a merit will be prepared and based on this merit, candidates, four times of the vacancies advertised, will be required to apply again on a given format alongwith all the certificates/documents testimonials etc. Based on these documents supplied by the candidates, the scrutiny of the applications, will be done and only those candidates who are found eligible after scrutiny will be called for interview. The interview will consist of 15 marks.
It is, therefore, desired that candidates should make sure themselves that they fulfill all the eligibility criteria before applying for the post. The final selection will be made on the basis of marks obtained by the candidates in the written examination and the marks obtained in the interview. This merit will be made on the basis of marks obtained out of total 100 marks. It is made clear that merely appearing for the written test does not make a candidate eligible for the post for which the candidate has applied."
5. The petitioner applied for the said post under the Scheduled Caste category. He had passed 10 + 2 (CBSE) in 2005.
6. He had about eight years of experience of having worked part time with M/s Perfect Furniture Solutions, 286, Phase-9, Focal Point, Industrial Area, Mohali in their factory as a Cane-man from May, 2002 to July, 2010.
7. Vide letter dated 10/12.01.2013 he was asked to submit documents and furnish particulars as per attached application form and send copies of requisite certificates for checking his eligibility by the Scrutiny Committee. The letter stipulated that if a candidate is found eligible after scrutiny he will be called for interview. The petitioner submitted the application and
