The prescription of educational qualifications and eligibility criteria is the exclusive prerogative of the employer, and courts lack the jurisdiction to determine the equivalence of qualifications or interpret recruitment conditions contrary to the plain language of an advertisement.

O R D E R

PRAMOD KUMAR DAS, MEMBER (A):

This OA has been filed by the applicant, on the grounds pleaded, by the learned counsel for the Applicant, based on the pleadings, are that the applicant completed one year Board Based Basic Training Course in the Sector of Process Plant Maintenance from ITI, Hirakud during 2007, and, had also completed six months advance Module in Operator Chemical Plant at ITI, Hirakud. The National Trade Certificates issued to the above extent has been placed as Annexure-A/1 series to this OA. He had also completed six months Training Course in Operator Chemical Plant from M/s. Bhusan Power and Steel Ltd., Jhelkoloi, Sambalpur. In pursuance of Advt., placed at Annexure-A/2, he had submitted application along with NTC certificate of the Trade of DBW and, also on 05.10.2019 but despite submission of said certificate, the Respondents rejected his candidature due to non possession of requisite documents vide letter placed at Annx.A/8, that too in an unreasoned order, without indicating which of the certificates as desired by the Respondents was not submitted by the applicant. According to him, the certificates submitted by him was in accordance with the letter of GoI, Ministry of Skill Development & Enterpreneurship, Directorate General of Training (DG), New Delhi dated 09.08.2016 which letter was communicated to one Shri Santosh Kujur on his RTI application dated 2005, regarding Equivalence of Trade and Centre of Excellence (COE) with Industrial Training Institute (ITI). It is stated that with same qualification and certificates persons were appointed and still are continuing whereas, the candidature of applicant was rejected. Hence, according to him, since the rejection of his candidature alleging the applicant did not possess and submit the requisite documents/certificate is bad in law being violative of the provisions enshrined in Articles 14 and 16 of the Constitution of India. Hence, by filing this OA, he prayed the reliefs as under:

Relief(s) sought:

(i) To quash the order of rejection vide Annexure-A/8 issued by respondent No.5 on dated 06.08.2020;

(ii) After further direct the respondent No.5 to appoint him if the Trade of Danger Building Worker (DBW) forthwith;

(iii) And further to pay all service and financial benefits retrospectively;

(iv) To allow the OA with costs;

(v) Any other relief(s) be passed as deem fit and proper in the interest of justice.”

According to Ld. Counsel for the applicant, the applicant completed one-year Board Based Basic Training Course in the Sector of Process Plant Maintenance from ITI, Hirakud in 2007 and six months Advance Module in Operator Chemical Plant at ITI, Hirakud and National Trade Certificates were issued in his favour. Further, he completed six months Training Course in Operator Chemical Plant from M/s. Bhusan Power and Steel Ltd. Jhelkoloi, Sambalpur. Thus, the applicant had acquired NTC Certificate to the Trade of DBW as per the Advertisement and submitted the same but those certificates were not taken into consideration by the respondents. However, on 05.10.2019 he once again submitted said certificates but the respondents without taking the same into consideration, rejected his candidature that too in a non-speaking order without indicating the certificates which were required but the applicant did not submit the same notwithstanding the fact that every administrative order must be a speaking one since recording of reasons is an assurance that the authority had applied its mind to the facts on record. According to him, one Sri Santosh Kujur, applied under RTI Act with regard to Equivalence of Trade of Centre of Excellence (COE) with Industrial Training Institute (ITI) and he was communicated the information wherein it is provided as under: