JUDGMENT :

Ravindra Maithani, J.

Since common questions of law and facts are involved in this bunch of writ petitions, they are heard together and being decided by this common judgment. However, for the sake of convenience, the facts of WPSS No.1550 of 2024, Vinod Kumar and Others v. State of Uttarakhand and Others, are referred to, unless otherwise specifically mentioned in this judgment.

2. The respondent no.3, The Uttarakhand Subordinate Service Selection Commission (“the Commission”), issued an advertisement on 16.02.2024 for appointment of Instructors for various trades in the Government Industrial Training Institute of Uttarakhand. One of the essential conditions in the advertisement is that the candidates must possess National Craft Instructor Certificate (“the NCIC”). At the time of filing of the petitions, the petitioners did not possess the NCIC. The NCIC is done under the Craft Instructor Training Scheme (“CITS”). In all these petitions, the petitioners seek permission of the Court that they may be permitted to participate in the recruitment process pursuant to the advertisement dated 16.02.2024 issued by the Commission, and it may be declared that the petitioners are eligible for the post advertised. The reliefs in the petitions also include extension of time for submission of application forms; challenge to the Service Rules by which the NCIC is made mandatory for recruitment to the posts of Instructor in the Industrial Training Institutes (“ITIs”) on the ground that the Rule which requires the NCIC is arbitrary, unjust, irrational and contrary to the guidelines issued by the Director General of Training, Government of India (“DGT”). In some of the petitions, the petitioners have sought relief that their candidature may be accepted subject to their obtaining the NCIC. 3. In order to appreciate the controversy, some of the relevant facts are as below:-

(i) The appointment on the posts of Instructor in different trades in Government Industrial Training Institute is governed by the Uttarakhand Government Industrial Training Institute (Instructor) Service Rules, 2003 (“the 2003 Rules”).

(ii) Initially, for the appointment to the posts of Instructor in the ITIs, NCIC was not necessary.

(iii) On 09.01.2020, the DGT, issued directions to all the State Governments recommending changes regarding the educational qualification, age limit of trainees and Instructors, by which the NCIC in relevant trades was made essential qualification.

(iv) Pursuant to the communication dated 09.01.2020 of the DGT, the 2003 Rules were changed with effect from 04.08.2022, and in Rule 8 of the 2003 Rules, it was provided that the eligibility criteria for Instructors shall be such, as given in the Appendix-B of the 2003 Rules. According to the Appendix-B of the 2003 Rules, the NCIC is essential qualification for appointment to the posts of Instructor. Rule 8 of the 2003 Rules, as amended and enforced with effect from 04.08.2022, further provided that if in any trade, NCIC is not available, for such trade, the NCIC shall not be a mandatory requirement. It further provided that for instructors, the qualification shall be determined by the DGT from time to time and it shall be made applicable subject to order of the State Government.

(v) On 30.06.2023, the DGT relaxed the mandatory requirement of NCIC for appointment to the posts of Instructor in ITIs. It was made a preferential qualification. It reads as follows:-

“Madam/Sir, This is to revisit the instructions pertaining to mandating CITS as an essential qualification for the vocational instructors in Industrial Training Institutes (Government & Private).

2. The DGT vide its order no.MSDE(DGT)-

19/01(01)/2019-CD dated 09.01.2020, had interalia communicated consolidation of changes in qualifications for recruitment of instructors of CTS and CITS scheme. According to this, CITS was mandated as an essential qualification for both Degree/Diploma as well as NTC/NAC categories of instructors.

3. Since then, a num