IMPORTANT POINT
A degree in Engineering cannot be viewed as a higher qualification compared to a Diploma in Engineering, and candidates holding degrees are excluded from consideration for positions that specifically require a diploma.

JUDGMENT :

J.J. Munir, J.

1. The petitioner has instituted this writ petition praying that a mandamus be issued, directing the respondents to consider his case by allowing him to participate in the interview for selection of a Junior Engineer (Trainee), bearing Post Code No.524, pursuant to Advertisement No. 5/VSA/2015 J.E. issued by the Electricity Service Commission, Uttar Pradesh Power Corporation Limited, Lucknow (for short, 'the Service Commission'). He has further sought a mandamus to the effect that the respondents be commanded to keep one post of a Junior Engineer (Trainee), bearing Post Code No.524, relative to the last mentioned advertisement, unfilled.

2. The petitioner says that he passed the Secondary School Examination-2007 and the Senior Schools Certificate Examination-2009, both conducted by the Central Board of Secondary Examination. He earned his degree of Bachelor of Technology in Civil Engineering from the National Institute of Technology, Patna in the year 2013-14. The Service Commission issued Advertisement No. 5/VSA/2015 J.E., inviting applications online from eligible candidates for a consideration for appointment as Junior Engineer (Trainee), bearing Post Code Nos.521 and 524. The essential qualifications mentioned in the advertisement vide Clause 4 read:

“4. Essential Qualification:

(A) Candidates should have thorough knowledge of Hindi (Devnagri script). If the candidate has not passed High school or equivalent examination in Hindi, he/she has to clear an exam conducted by the Registrar, Department Examination Govt. Of Uttar Pradesh within 3 years of joining.

(B) A candidate must have passed (I) "Three years Diploma examination in Electrical Engineering/ Civil Engineering awarded by Pravidhik Shiksha Parishad, Uttar Pradesh OR a Diploma, equivalent thereto, recognized by the State Government" OR

(II) "Three years All India Diploma Examination in Electrical Engineering/Civil Engineering conducted by the All India Council for Technical Education (AICTE) Govt. of India" OR (III) "Diploma Examination in Electrical Engineering/ Civil Engineering conducted by any of the Universities in India incorporated by an Act of the Central/State legislature."

Note:- (1) Candidates having received Diploma through Distance Learning Education Programme are Not Eligible to apply for the above posts. (2) Candidates "having Diploma received on the basis of length of service (without passing the Diploma examination) are also Not Eligible to apply for the above posts.”

3. The petitioner says that he fulfilled all the necessary criteria and eligibility for a consideration of his candidature for appointment to the post of Junior Engineer (Trainee), bearing Post Code No.524. It is his case that the selection process involved a written test and interview. The petitioner sat the written test, carrying 200 marks, comprising a total of 200 questions. The petitioner had applied online furnishing details of his academic qualifications. He was allowed to participate in the written examination, evident from the fact that he was issued with an admit card for the purpose. It is averred by the petitioner that his online application form for the post of a Junior Engineer (Trainee), bearing Post Code No.524 shows that he had given details of the qualifying examination, which he mentioned as a B.Tech. Degree earned in the year 2014 from the National Institute of Technology, Patna. It was after verifying the said application that the petitioner was allowed to participate in the written test. The petitioner's result for the written examination was declared on 28.10.2015 and he figured amongst the candidates selected for Post Code No.524 with Roll No.2030175. He was shortlisted to participate in the interview. He received a call letter dated 07.11.2015, requiring him to appear at the Electricity (Trainee) Centre, Sarojini Nagar, Lucknow on 18.11.2015 at 08:00 a.m.. The petitioner was asked to bring along all the original records of his academic qualific