A participant in a recruitment process cannot challenge the selection of another unless personally aggrieved by the outcome.

ORDER

By Mallika Arya, AM:

This Original Application has been filed by the applicant against appointment of Respondent no.2 to the post of Junior Engineer (AC&R) by the Competent Authority (Respondent no.1) at AIIMS Raipur consequent to the final result declared as per notification dated 12.11.2016 (Annexure A/4).

2. Briefly stating, the facts of the case are that the Respondent no.1 (AIIMS Raipur) published a notification on 25/01/2014, for filling up 4 posts of Junior Engineer (AC&R) through direct recruitment. Out of 4 posts, 3 posts were for General and 1 post was reserved for the OBC category. Candidates had to fill the form online. Essential qualifications mentioned for the post are as follows:

"3 Year Diploma in Mechanical Engineering plus a specialized course in Refrigeration and Air conditioning from a recognized Polytechnic/Institute" and Desirable Qualification as "Experience in Refrigeration and Air conditioning".

Respondent no.2 applied for the said post as he was having "Diploma in Mechanical Engineering” and "Refrigeration and Air Conditioning certificate” from Industrial Training Institute (I.T.I.), Bhiwani (Annexure A-2). Both the Applicant and Respondent no.2 appeared for the written exam on 18/06/2016. On the basis of written exam, Respondent no.1 published a notice for document verification. Both the Applicant and Respondent no.2 appeared for the document verification (Annexure A-3). The final result for the aforesaid post was declared on 12/11/2016 wherein Mr. Anoop Singh (Respondent no.2) was declared successful. Applicant’s candidature got rejected for unknown reasons. A copy of Final Result is marked as Annexure A-4. The Applicant filed a Writ Petition no. WP(S) / 141/2017 in the High Court of Chhattisgarh on 06/01/2017 regarding his disqualification and illegal selection of Respondent no.2. The said W.P. was disposed with a liberty to Applicant to file an O.A. before the Central Administrative Tribunal, Jabalpur Bench. The Respondent no. 2 obtained National Trade Certificate from Industrial Training Institute Bhiwani in Trade of "Mechanic Refrigeration and Air Conditioning".

The Essential qualification prescribed for the said post in Recruitment Notification was a Specialized course in "Refrigeration and Air Conditioning" from recognized Polytechnic/Institute. Hence, Respondent no.2 did not have the requisite qualification for the post as mentioned in the Recruitment Notification. A copy of Trade Certificate of Respondent No. 2 from Industrial Training Institute, Bhiwani is enclosed as Annexure A-9. The course undertaken by the Respondent No. 2 (Mechanic Refrigeration and Air Conditioning) is entirely differently from the Specialized course "Refrigeration and Air Conditioning" from a recognized polytechnic/Institute.

Only Polytechnic Institutes provide Engineering Diploma/Post Diploma in Refrigeration and Air Conditioning. AICTE/UGC affiliated Institutes do not offer any course in "Mechanic Refrigeration and Air Conditioning". It is actually given by National Council of Vocational Training (NCVT) through Industrial Training Institutes. Hence the specialized course in "Refrigeration and Air Conditioning" as mentioned in advertisement is entirely different from "Mechanic Refrigeration and Air Conditioning". NCVT is an entirely different body from AICTE & UGC and it is not a statutory body. Respondent no.2 did I.T.I in year 2006 and obtained his Diploma in year 2009. Therefore the Respondent no. 2 has done specialized course earlier to acquiring the Diploma. Hence, Respondent no.1 has given undue favour to Respondent no.2 and issued an appointment letter to him illegally which merits to be set-aside. Th