Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANJEEV PRAKASH SHARMA, SUDEEPTI SHARMA, JJ.
Dinesh Kumar & Ors. – Petitioners
Versus
Union of India & Ors. – Respondents
CWP NO. 37892 of 2018 (O&M)
Decided On : 04-04-2024
JUDGMENT
Sanjeev Prakash Sharma, J.
These writ petitions were heard together as common question of law has been raised therein. The prayer made is also identical in all the cases. The respective counsel were heard at length.
2. Brief facts which are necessary for the disposal of these writ petitions are that the petitioners are those who have passed National Trade Certificate/ National Apprenticeship Certificate. They have cleared one year course in Craftsman Training for Instructor under Craft Instructor Training Scheme (hereinafter to be referred as "CITS"). They also possessed two years experience of working.
3. The bone of contention raised by the petitioners is with regard to the qualifications prescribed by the State of Haryana for appointment of Craft Instructor as laid down in the Industrial Training Department Haryana Field Offices (Group-C) Service Rules, 2013 (hereinafter to be referred as "Group-C Rules-2013").
4. An advertisement No. 10/2017 was issued by the Haryana Staff Selection Commission (for short, 'the Commission') for 1064 posts of Craft Instructor. The same was, however, cancelled due to relaxation of age of contractual employees. Some other advertisement nos. 5/2018 dated 26.12.2018, 6/2018 and 7/2018 both dated 27.12.2018 were issued by the Commission for filling up of 2388 posts of Craft Instructors, but for various reasons the same too were cancelled on 11.06.2019. Fresh advertisement no. 12/2019 was published on 20.07.2019 inviting applications for filling of 3206 posts by the Commission.
5. CWP No. 37892 of 2018 was preferred challenging aforesaid advertisement no. 12/2019 on the ground that it did not conform to the instructions laid down by the Directorate General of Training, Ministry of Skill Development & Entrepreneurship, Government of India (for short, 'the DGT') requiring the candidates to possess mandatory qualification/ course under CITS for appointment as Craft Instructor in terms of its letter dated 03.12.2019.
Vide interim order dated 04.12.2019, this Court allowed the official respondents to continue with the selection process initiated under Advertisement no. 12/2019 with condition that appointments shall not be made till further orders. On 19.07.2022, interim order was vacated and the department after completing the recruitment process, appointed 1200 candidates out of 3206 candidates, who possessed CITS qualification.
6. Another CWP No. 27658 of 2019 was filed wherein this Court vide order dated 07.02.2023 stayed the recruitment process with liberty to proceed with appointments of only those candidates who possessed CITS certificates. This resulted in appointment of 2900 candidates while several of the candidates, who do not have CITS course, have not been offered appointments although they are in merit.
7. In the aforesaid background, certain events need to be noticed. The DGT issued guidelines on 29.09.2010 to various States directing that ITI Instructors must receive training as per the norms laid down by the National Council for Vocational Training (hereinafter to be referred as 'NCVT') and must possess the Craft Instructor Training Certificate. On 04.01.2013, the Industrial Training Department, State of Haryana, notified the Group-C Rules-2013 (supra), wherein they provided for filling up the post of Instructor, Craft Instructor, Craft Instructor (COE), Craft Instructor (women) as under:-
The Rule as noted above did not provide for a candidate to necessarily have in his posses
Statutory recruitment rules under Article 309 of the Constitution prevail over executive instructions, allowing states to set qualifications independently.
The amendment to recruitment rules for vocational instructors is valid and consistent with central guidelines, asserting state competence to legislate on education within constitutional limits.
Point of Law : Appointment has to be made strictly as per terms of the advertisement and in case, the candidates who did not possess the qualification as mentioned in the advertisement were permitted....
The court affirmed the validity of prescribed qualifications for recruitment, emphasizing legislative authority and restricted judicial review in educational matters.
The AICTE has the authority to prescribe both qualifications and methods of appointment for teaching staff in technical institutions, as it relates to maintaining educational standards.
It is the legal or executive policy of the Government to create post or to prescribe the qualification for the post. The Court or Tribunal is devoid of power to give such direction.
The state can prescribe additional qualifications for teacher recruitment without violating central educational standards.
(1) Diploma through distance education cannot be equated with Diploma given through regular class room studies.(2) Equivalence is a technical academic matter. It cannot be implied or assumed. Judicia....
it is the legal or executive policy of the Government to create post or to prescribe the qualification for the post. The Court or Tribunal is devoid of power to give such direction. The relief sought....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
