Post-rules amendment, first vacancy in 1:1 recruitment ratio goes to Diploma/Degree holders; single-candidate direction violates Article 14.

JUDGMENT

Heard both sides.

2.The case on hand pertains to filling up the vacancy in the post of Junior Training Officer (MMCP field) in Government Industrial Training Institutes run by the Department of Employment and Training. The said post falls under Clause I Category 3 of the Tamil Nadu Employment and Training Subordinate Service. As per the Service Rules, the post is to be filled up by promotion or by direct recruitment or by transfer from any other clause or category of the same service or by recruitment by transfer from any other service. As regards appointment by direct recruitment, it is to be in the ratio 1:1 as between (a)Diploma/Degree holders and (b) National Trade Certificate/National Apprenticeship Certificate holders. Amendment to that effect was made vide G.O Ms No.288 Labour and Employment(P2) Department dated 13.12.2013. When the department issued Notification calling for applications from the Diploma / Degree holders, the petitioner herein filed W.P.(MD)

No.16963 of 2015 to forbear the authorities from appointing any Diploma / Degree holder. He wanted the District Employment Officer, Thoothukudi to sponsor his candidature so that he can be appointed to the post of Junior Training Officer / Instructor (MMCP). The learned Single Judge vide order dated 18.09.2015 dismissed the writ petition in the following terms:-

“6. Refuting the above contention, Mr.S.Sadesh Kumar, learned Additional Government Pleader appearing for the respondents submitted that there is one vacancy for the post of Junior Training Officer in MMCP has arisen. Therefore, as per the G.O.Ms.No.289 Labour and Employment(P2) Department dated 13.12.2013, if any appointment has to be made by direct recruitment, it has to be done only in the ratio of 1:1, as between the Diploma / Degree holders and National Trade Certificate / National Apprenticeship Certificate holders. In strict adherence to the said conditions mentioned in G.O.Ms.No.289, the 2^nd respondent has called for the candidates, who are possessing Diploma or Degree holder as there is only one vacancy available that has been filled up by giving first priority to the Diploma of Degree holder. If there are more than one vacancies, the second respondent would have called for the candidates, who are possessing the National Trade Certificate / National Apprenticeship Certificate also. Hence no merit is found in the prayer.

7. I find some merits in the submissions made by learned Additional Government Pleader appearing for the respondents. The reason is, the proceedings, dated 27.09.2015 really shows that there is only one vacancy for the post of Junior Training Officer has arisen. Therefore, the second respondent is perfectly right in calling the candidates, who are possessing the Degree holders in B.E. However, if subsequent vacancy arises, the respondents are directed to fill up the subsequent vacancies on the basis of G.O.Ms.No.289 Labour and Employment (P2) Department, dated 13.12.2013, by following the 1:1 raio, if the second vacancies arises, it has to be given to the 2^nd category viz., NIT and NET.”

Aggrieved by the same, the writ petitioner filed W.A.(MD)No.1263 of 2015. The Hon'ble Division Bench vide order dated 01.12.2015 dismissed the writ appeal in the following terms:-

“ 3. The appellant holds a National Trade Certificate in Mechanical Maintenance. He also underwent a National Apprenticeship Certificate in the year 1998. He registered both the qualifications with the Employment Exchange.

4. The rules for recruitment of Junior Training of National Trade Certificate, National Apprenticeship Certificate and Diploma holders. In the previous selection held in 1997, a Diploma holder was appointed.

5. However, the rule was amended by G.O.Ms.No.289, Labour and Employment Departm