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2017 Supreme(All) 2264

ALLAHABAD HIGH COURT
SURYA PRAKASH KESARWANI, J.
SHAILENDRA KUMAR RAI AND OTHERS - Petitioners
Versus
STATE OF U.P. AND OTHERS - Respondents
(Civil Misc. Writ Petition No. 1092, 166, 1095, 4065, 8184, 9612, 6655, 14073, 10046, 12753, 29460, 29183, 26051, 38288, 45186, 48605, 49325, 50064, 69328, 1847 and 41727 of 2015, decided on 11th December, 2017)

Advocates:
Counsel :
Deepak Singh Yadav, Ashok Khare, M.M. Sahai, R. Sahai, Rajesh Kumar Tiwari, Jaswant Rai, Siddharth Khare, Janardan Yadav, Krishna Mohan and H.C. Dubey for the Petitioners; C.S.C., A.S.G.I.-2015/17, Ayank Mishra, Rahul Agarwal, Ram Dular, Shivam Yadav, Pankaj Shukla, Pranjal Mehrotra, V.S. Mishra and Brij Lal for the Respondents.

Headnote:U.P. State Electricity Board Parichalkeeya Varg Sewa Niyamawali, 1995 – Rule 9 – Appointment – Technician Grade II – Qualification – Whether petitioners who possess National/State Vocational Certificate in Electrical Trade and not in Electrician Trade are eligible for aforesaid post? – (No) – Note appended to Clause (2) of impugned notification contains nothing beyond eligibility provided in the Rules – Only statutory authority is entitled to frame statutory rules, terms and conditions of services and also qualifications essential for holding a particular post – No direction can be issued to employer to prescribe a qualification for holding a particular post – Petitioners do not possess required qualification in terms of relevant Rules and advertisement. [Paras 12 to 29]

       Result; Petitions Dismissed.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Ashok Khare, learned senior advocate assisted by Sri Deepak Singh Yadav, Jaswant Rai, Rajesh Kumar Tiwari, M.M. Sahai, learned counsels for the petitioners, Sri Mohan Ji Srivastava, learned standing counsel for State-respondent No. 1 and Sri J.P. Pandey, learned counsel for respondents- Electricity Service Commission and U.P. Power Corporation.

2. These writ petitions involve common questions as stated by learned counsels for the parties, as under:

(i) Whether the “Note” appended to clause-2 of the Advertisement No. 4/VSC/2014 dated 6.9.2014 issued by the Secretary, Electricity Service Commission, U.P. Power Corporation Ltd. Lucknow is invalid and without authority of law?

(ii) Whether the petitioners who possess National/State Vocational Certificate in Electrical Trade and not in Electrician Trade are eligible for the post of “Technician Grade-2 (Trainee) Electrical” in terms of the provisions of the U.P. State Electricity Board Parichalkeeya Varg Sewa Niyamawali, 1995 (hereinafter referred to as the “Niyamwali”)?

3. With the consent of the learned counsels for the parties, the Writ-A No. 1092 of 2015 is treated as leading writ petition in which the petitioners have prayed for the following relief:

“(i) a writ order or direction in the nature of certiorari quashing the Note appended to clause 2 of advertisement No. 4/ESC/2014 Dated 06-09-2014 issued by Secretary, Electricity Service Commission, UP Power Corporation Ltd., Lucknow.

(ii) a writ, order or direction of a suitable nature commanding the respondents to treat the petitioners as fully qualified and eligible for the post of Technician Grade II (Trainee) Electrical in pursuance to advertisement No. 4/ESC/2014 Dated 06-09-2104 and to hold their interview on the basis of interview letters already issued to the petitioners within a period to be specified by this Hon’ble Court.

(iii) a writ, order or direction of a suitable nature commanding the respondents to declare final select list in pursuance to advertisement No. 4/ESC/2014 Dated 06-09-2104 only after according consideration to the petitioners in interview for which they have already qualified the written examination treating them as fully eligible for the post in question.”

Facts:

4. Facts in brief are that un-disputedly all the petitioners possess National/ State Vocational Certificate in Electrical Trade and not in Electrician Trade. The Advertisement No. 4/VSC/2014 was issued inviting applications for recruitment of 2211 posts of “Technician Grade-2 (Trainee) Electrical” for U.P. Power Corporation Ltd., which is engaged in distribution of electricity to consumers. Necessary eligibility was provided in clause-2 of the aforesaid advertisement as under:

^^2- vfuok;Z vgZrk;sa%& ¼1½ ek/;fed f'k{kk ifj"kn mŒizŒ dh gkbZ Ldwy ;k led{k ijh{kk foKku ,oa xf.kr fo"k; ds lkFk mRrh.kZ rFkk bysfDVªhf'k;u VsªM esa vf[ky Hkkjrh;@jkT; O;kolkf;d izek.k i=A ,oa ¼2½ dkslZ vkWu dEI;wVj dkUlisV ¼lhŒlhŒlhŒ½ izek.k i= vFkok led{k dEI;wVj vgZrk izek.k i=A

uksV%& dsoy bysfDVªhf'k;u VsªM dk izek.k i= gh ekU; gksxkA nwjLFk f'k{kk ek/;e ls izkIr izek.k i= ,oa vuqHko ds vk/kkj ij izkIr izek.k i= ekU; ugha gksaxsaA**

5. In their online filled application forms, petitioners stated that they possess “Electrician Trade Certificate” as required in Advertisement No. 04/VSA/2014. They also made a declaration in this regard and as such admit cards for written test for the post ot Technician Grade-II (Trainee) Electrical (Post Code-31) were issued to them which contained their declaration as under:

“DECLARATION

I......................Son/Daughter of..................hereby declare and solemnly affirm that I have fully understood all the details provided in the Advertisement No. 04/BSA/2014 and accordingly all the particulars stated in the application form submitted by me are true to the best of my

































































































































































































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