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2025 Supreme(All) 2744
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW
ATTAU RAHMAN MASOODI, SUBHASH VIDYARTHI, JJ.
Saurabh Saxena - Appellant
Versus
Union Of India Thru. Secy. Ministry Skill Development Entreneurship And Others – Respondents
Special Appeal Defective No. 10 of 2025
Decided On : 15-01-2025
For the Appellant : Rishi Raj, Garv Saxena
For the Respondents: A.S.G.I., C.S.C., Gaurav Mehrotra, S.M .Singh Royekwar.
The equivalence of qualifications for employment is determined by the employer, and cannot be adjudicated through judicial review.
Headnote:
(A) Uttar Pradesh Government Industrial Training Institutes (Instructors and Foreman Instructors) Service Rules, 2021 - The appellant challenged the dismissal of his application for the post of Instructor in Sewing Technology on grounds of lacking requisite qualifications as per the advertisement. The court found that the appellant's qualifications did not meet the specified criteria, thus affirming the decision of the Single Judge. (Paras 1, 6, 14, 16)
(B) Judicial Review - The court emphasized that equivalence of qualifications is a matter for the employer to determine and cannot be decided through judicial review. (Paras 11, 16)
Facts of the case:
The appellant, possessing a Diploma in Textile Technology and a National Craft Instructor Certificate, applied for an Instructor position but was rejected for not meeting the qualifications outlined in the advertisement. (Paras 4, 6)
Findings of Court:
The court upheld the decision of the Writ Court, stating the appellant did not possess the qualifications required for the post. (Paras 17, 18)
Issues: The main issues addressed were whether the appellant's qualifications could be deemed equivalent to those required in the advertisement and the authority of the court in determining such equivalence. (Paras 11, 16)
Ratio Decidendi: The court concluded that the equivalence of qualifications is a technical matter for the employer, and judicial review cannot alter the qualifications set forth in the advertisement. (Paras 11, 16)
Result: Special Appeal dismissed.
JUDGMENT :
C.M. Application No.1 of 2025 (Application for condonation of delay in filing the Special Appeal)
1. Heard Sri Rishi Raj, the learned counsel for the appellant, Sri Prafulla Yadav, the learned Additional Chief Standing Counsel appearing on behalf of the State, Sri Anand Dwivedi, the learned counsel for Union of India, Sri S.M. Singh Royekwar, the learned counsel for the U.P.Subordinate Services Selection Commission and perused the records.
2. This is an application for condonation of delay in filing the Special Appeal. The learned Counsel for the respondent did not raise any objection against the application. We find that just and plausible reasons have been disclosed by the applicant-appellant for seeking condonation of delay.
3. The application for condonation of delay is allowed and the delay in filing the Special Appeal is hereby condoned.
4. Let the Special Appeal be assigned a regular number.
Order on the Special Appeal: -
1. By means of the instant Intra Court Appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 the appellant has challenged the validity of the judgment and order dated 21.02.2024, passed by an Hon’ble Single Judge Bench of this Court in Writ-A No.1327 of 2024, whereby the Writ Petition filed by the appellant challenging an order dated 15.02.2024 passed by Uttar Pradesh Subordinate Services Selection Commission, was dismissed. The appellant had filed an application for review of the aforesaid order which has been dismissed by an order dated 26.11.2024 and the appellant has challenged the validity of that order also.
2. Briefly stated, facts of the case are that Uttar Pradesh Subordinate Services Selection Commission had issued an advertisement for making appointments on various posts, including some posts of Instructors in Sewing Technology. The eligibility qualification for appointment to the post of Instructor is as follows: -
(i) having passed High School Examination conducted by the Intermediate Education Board, U.P. or any other examination recognized by the government as equivalent thereto,
(ii) eligibility qualification for different trades/subjects as provided in Column 4 of the Appendix and
(iii) National Craft Instructor Certificate in relevant trade under DGT and any other qualification prescribed in Column 4 of the Appendix.
The advertisement further provided that the candidate must possess the relevant experience, as provided in Column 4 of the Appendix.
3. The appellant had applied for the post of Instructor in Sewing Technology for which the essential qualification prescribed in Column 4 of the Appendix to the Uttar Pradesh Government Industrial Training Institutes (Instructors and Foreman Instructors) Service Rules , 2021 referred to in the advertisement, is as follows: -
| 33. | Sewing Technology | [4] | B. Voc/Degree in Fashion & Apparel Technology from U.G.C. recognized College/University with one-year experience in the relevant field. OR Diploma (Minimum 2 years) in Garment Fabrication Technology/ Costume Design & Dress making from recognized board of technical education or relevant Advanced Diploma (Vocational) from D.G.T. with two years experience in the relevant field. OR NTC/NAC passed in the trade of “Sewing Technology” earlier named as “Cutting & Sewing” with three years experience in the relevant field. |
4. The appellant possess a three years’ Diploma Certificate in Textile Technology granted by the U.P. Technical Education Board, Lucknow and he also possesses a National Craft Instructor Certificate issued by the National Council for Vocational Training in ‘Cutting and Sewing’ trade. His candidature was rejected on the ground that he does not possess any of the qualifications mentioned in Column 4 of the Appendix.
5. The appellant had submitted a representation for considering his candidature by treating his qualification of Diploma in Sewing and Cutting Trade as equivalent to a Diploma in Costume Design and Dress Making. This representation has been rejected by an order
