The court upheld the validity of recruitment amendments made prior to the extended application deadline, dismissing claims of statutory violations.

ORDER

Hon’ble Dr. Anand S. Khati, Member (A)

The present O.A. has been filed by the applicants under Section 19 of the Administrative Tribunals Act , 1985, seeking the following relief(s):-

“(a) Quash/set aside the impugned order dated 2/4/2012 by which the minimum essential qualification of the selection has been amended.

(b) As a consequence of relief (a) the selection of respondents 5 to 51 may also be quash/ set aside the selection who do not possess the minimum essential qualifications and appointed in gross violation of Statutory Rules.

(c) To direct the respondents to hold a afresh selection for the post of Mate in various trades as per the Statutory Recruitment Rules notified on 08 July, 2013.

(d) To pass any other order or orders as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

(e) To award cost.”

2. The brief facts of the case as summarized by the learned counsel for the applicants are that:-

2.1 Pursuant to an Advertisement published in Employment News dated 31.12.2011-06.01.2012 (Annexure-B) by Respondent No.2 inviting applications for the post of Tradesman Mate in various trades. The qualification for these posts was ITI exam in respective Trade from a recognized University/Institute or equivalent course from the Institute recognized by National Council of Vocational Training (NCVT). The last date for receipt of applications was 20.01.2012. The applicants being eligible applied in their respective trades, i.e. Mate Refrigerator Mechanic and Mate Fitter General Mechanic. They were issued Admit Cards and allotted Roll Numbers for the written test held on 02.09.2012.

2.2 Subsequently, the respondents issued impugned Corrigendum dated 02.04.2012 (Annexure-A), whereby all the Technical Trade posts were merged as Mate SSK as well as relaxed the essential educational qualification, and extended the last date as 29.06.2012. It is contended by the learned counsel for the applicants that rules of the game got changed by the respondents as corrigendum was issued on 02.04.2012 i.e. after two and half months from the closing date.

2.3 It is further contended by the learned counsel for the applicants that the Recruitment Rules (RRs) came into force w.e.f. 08.07. 2013 were to be made applicable from the date of publication. However, the respondents illegally filled up 108 posts of Mate (SSK) 100% by direct recruitment instead of 100% by promotion. The appointments have been made in gross violation of the Military Engineer Services (Industrial Group ‘D’ posts) Recruitment Rules 2004, which were applicable as on 07.07.2013.

2.4 The applicant No.2 made a detailed representation dated 29.10.2015 against the action of respondents for illegal and arbitrary appointments and requested to consider his case on the basis of his ITI pass technical qualification, but in vain.

2.5 He also filed an application under RTI Act dated 23.12.2015. In response thereto, vide reply dated 05.11.2016, it is informed that recruitment of Mate (SSK) have been made as per Local Recruitment Sanction (LRS) 2011-12, whereas as per the LRS issued vide letter No.30603/LRS/11-12/54/E1C (1) dated 08.12.2011, no such sanction was given for recruitment of Mate (SSK) as this post does not exist in MES at any point of time. It is submitted that LRS was given for recruiting the candidates having passed 10th class and ITI pass in respective trades, but the respondents illegally and arbitrarily recruited unqualified candidates due to reasons best known to them. Hence, this O.A.

2.6 The learned counsel for the applicants has placed reliance upon the following case laws:-

(i) Apex Court’s decision in Union of India &