CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH

O.A./100/3905/2013

New Delhi, this the 19th day of December, 2018

Hon’ble Mr. Justice L. Narasimha Reddy, Chairman

Hon’ble Mr. K.N. Shrivastava, Member (A)

Muniraj Meena

S/o Shri Batti Lal Meena

R/o V/18, Staff Colony Rajasthan

Technical University Kota

Rajasthan ….Applicant

(Through Shri M.K. Bhardwaj, Advocate)

Versus

DDA & Ors. through:

1. The Vice Chairman

Delhi Development Authority

Vikas Sadan, INA

New Delhi

2. The Director (Pers)

Delhi Development Authority

Vikas Sadan, INA

New Delhi

... Respondents

(Through Shri A.K. Roy for Shri Manish Garg, Advocate)

ORDER (Oral)

Justice L. Narasimha Reddy, Chairman

The Delhi Development Authority (DDA) issued an

advertisement No.13/PR/2010, proposing to fill various

posts. One among them is Junior Engineer (JE)

(Electrical/Mechanical). The qualification stipulated

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therefor is Diploma in Electrical/Mechanical Engineering

from recognized University with two years experience or

Graduate in Electrical/Mechanical Engineering from

recognized University. The selection was on the basis of

performance in a written test conducted for this purpose.

The applicant participated in the test and on the basis of

marks secured by him, he was issued offer of

appointment. It is stated that the applicant was even

subjected to medical examination.

2. However, at the stage of verification of documents, it

emerged that the applicant possessed BE Degree in

Production and Industrial Engineering. The respondents

did not treat the applicant as qualified and accordingly

did not appoint him. An effort was also made to get

equivalence of qualification decided. Ultimately, the

respondents

informed

the

applicant

through

communication dated 15.03.2013 that the offer made to

him for appointment as JE stands withdrawn and that

no further communication shall be entertained in this

regard. The same is challenged in this OA.

3. The applicant contends that when the respondents

themselves have treated the Diploma as well as Degree in

Electrical Mechanical Engineering branches at par with

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each other, it is not justified to treat the Degree in

Production and Industrial Engineering as unequal. It is

stated that various organizations such as BHEL treat

both the qualifications at par with each other and even

the reputed Engineering College affiliated to Rajasthan

University issued a certificate to the effect that the

Degrees in Production and Industrial Engineering on the

one hand and Mechanical Engineering on the other are at

par with each other.

4. The respondents filed a detailed counter affidavit

opposing the OA. It is stated that the applicant

furnished wrong information deliberately by mentioning

in

his

application

that

he

possessed

Degree

in

Mechanical Engineering. It is also stated that the

stipulation in the notification was very clear and that BE

Degree in Production and Industrial Engineering is of no

relevance to DDA.

5. We heard Shri M.K. Bhardwaj, for the applicant and

Shri A.K. Roy for Shri Manish Garg, for the respondents.

6. In the notification, it was clearly mentioned that the

educational qualification for the post is Diploma in

Electrical/Mechanical

Engineering

from

recognized

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OA 3905/2013

University with two years experience, or Degree in

Electrical/Mechanical

Engineering

from

recognized

University. Admittedly, the applicant does not possess

either Diploma or Degree in Electrical/Mechanical

Engineering. On the other hand, he holds Degree in

Production and Industrial Engineering.

7. Once an employer has chosen to stipulate a

particular qualification, it is not for the Courts/ Tribunal

to undertake an exercise of equivalence. The effort in

that direction can be only when no candidate with such

qualification is avail