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NEERAJ TIWARI
Hari Ram Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
[Neeraj Tiwari, J.]
1. Heard learned counsel for the petitioner, learned standing counsel for respondent No. 1, Sri Abhishek Srivastava, learned counsel for respondent Nos. 2 and 3 and Sri Ramesh Chandra Pandey, learned counsel for respondent No. 4.
2. Learned counsel for the petitioner submitted that an advertisement dated 17.6.2020 was issued by respondent No. 3 for appointment of Technician Grade-II and as per advertisement, qualification for appointment was High School or equivalent with Science and Math alongwith two years diploma certificate issued by National Council of Vocational Training (in short ''NCVT'')/State Council of Vocational Training (in short ''SCVT''). Petitioner being Ex-serviceman, has applied for the same having certificate issued by Indian Armed Forces (Army) Trade Proficiency Certificate For Ex-Servicemen dated 29.2.2020, which is equivalent to the certificate issued by NCVT/SCVT, but his candidature has been rejected on the ground that certificate, so issued, is neither equivalent to certificate issued by NCVT/SCVT nor as per requirement of advertisement. He next submitted that Government of India, Ministry of Labour & Employment Directorate Gen
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 central legal point established in the judgment is that the petitioner's qualification obtained from the Air Force did not meet the prescribed criteria for the advertised post, as per the relevan....
Misrepresentation of qualifications does not merit appointment; specific qualifications in job advertisements must be strictly adhered to for recruitment purposes.
The main legal point established in the judgment is that a claim based on a certificate issued at a later date, without a genuine mistake, does not qualify for additional marks. The court emphasized ....
Point of Law : It is settled that grant of equivalence is an administrative decision, which is sole discretion of authority concerned and Courts do not have expertize in such matters.
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