Eligibility for Junior Engineer posts can include candidates with higher qualifications, regardless of strict diploma requirements when clarified by recruitment guidelines.

ORDER

Hon’ble Mr. Manish Garg, Member (J)

Since similar question of facts and law is involved and identical reliefs have been sought in the present OAs, they are being disposed of through a common order/judgment.

1.1 In OA No. 3619/2022, the reliefs, as sought for by the applicants, read as under:

“a) Call for the records of the case.

b) Issue an appropriate order and/or direction thereby directing the Respondents to fill up posts of Junior Engineer (Civil)/Junior Engineer (Mechanical) (post code 11/17 & 12/17), in the Department of Irrigation and Flood Control, Government of NCT of Delhi by appointing the applicants who have be shortlisted by DSSSB vide result notice no. 1299 d 25.06.2021 and result notice no. 1326 dated 27.07.2021.

c) On granting prayer (b) above, to direct the Respondent no.2 to forthwith issue appointment letters/ offer of appointment to the applicants for the post of JE (Mechanical/civil) in the I&FC department as the case may be.

d) Pass any other order or direction which this Hon’ble Tribunal thinks fit and proper in the facts and circumstances of the case.”

1.2 This Tribunal vide interlocutory order dated 12.12.2022 directed that “Status Quo” be maintained till the next date of hearing. Since then, the interim order has been continuing in favour of the applicants by virtue of the subsequent orders of this Tribunal.

1.3 A Miscellaneous Application, being MA No.312/2023 had been filed by certain persons, seeking impleadment as private respondents in the present OA. The said MA came to be disposed of with following observations:-

“8. The crux of the matter is that the post of JE (C) under Post Code 11/17 has been advertised at the instance of the User Department i.e. I&FC, GNCT of Delhi. It is to be seen whether the degree holders have to be given preference over the diploma holders to the extent of Recruitment Rules?

9. During the course of argument, it had been revealed that a separate OA has been filed by the proposed respondents i.e. OA No.247/2023 [Manish Panwar & Ors. vs. GNCT of Delhi & Ors.]. The applicants therein/proposed respondents herein have also sought to challenge the action of the respondents ignoring the claim of diploma holders.

10. Since either of the party is likely to be affected/benefitted by the action of the respondents, it would be in the fitness of things to dispose of the instant MA directing the Registry to list both the OAs i.e. OA No.3619/2022 [listed on 28.03.2023] and OA No.247/2023 [listed on 16.02.2023] for hearing and deciding together with a view to avoid multiple proceedings and conflicting decisions.

11. Needless to mention herein that while disposing of the present MA, we have not gone into the merits of either case of the applicants herein/proposed respondents, who are diploma holders and/or degree holders.

12. In view of the above discussion(s), the instant MA stands disposed of with a direction to the Registry to list both the OAs for hearing on 28.03.2023. “

That is how both the OAs are being heard together.

2. Firstly, we are dealing with OA No. 3619/2022.

2.1 On a requisition from the Irrigation and Flood Control Department, Govt. of NCT of Delhi, the Delhi Subordinate Services Selection Board (DSSSB) initiated a proposal for selection to 70 posts of Junior Engineer (Civil) and 15 posts of Junior Engineer (Mechanical) during the year 2017.

2.2 The Recruitment Rules governing the post of Junior Engineer prescribed the educational qualification as Diploma in the relevant discipline of Engineering.

2.3 The applicants herein are Degree holders and they participated in the selection examination after a clarification was given by the DSSSB that candidates having qualification higher than a Diploma may also be considered for recruitment to the post of Junior Engineer. They claim that they have been successful in the selec