CWP No.7832 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.7832 of 2009
Date of Decision: 20.11.2009
Ravinder ...Petitioner
Vs.
State of Haryana & Anr. ..Respondents
Coram: Hon'ble Mr. Justice Vinod K.Sharma
Present: Mr.G.P.Singh, Advocate,
for the petitioner.
Mr.Rajiv Kawatra, Sr.DAG, Haryana,
for the respondents.
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Vinod K.Sharma,J. (Oral)
The petitioner has invoked the jurisdiction of this court under
Article 226 of the Constitution of India seeking a writ of mandamus to the
respondents to consider the petitioner eligible for the post of Assistant
Lineman advertised vide Advertisement No.13/2007 by the Haryana Staff
Selection Commission (respondent No.2).
Respondent No.2 advertised 151 vacancies of Assistant
Linemen. The qualification prescribed for the post was Matric with two
years ITI Certificate in Electrician/Wiremen Trade or two years vocational
CWP No.7832 of 2009 2
course under the trade of Lineman conducted by Director, ITI and
Vocational Education Haryana.
The Department did not find the petitioner eligible as he had
done his course of electrician from the Board of School Education Haryana,
whereas as per the advertisement only course undertaken under the
Director ITI, Vocational Education was recognized.
This action of the respondent was challenged on the ground
that the course undertaken by the petitioner was basically a course of an
electrician, and it is only due to different numenclature that he was not
being considered eligible otherwise for all intents and purposes the
qualification of the petitioner was equivalent to the one advertised for the
post.
It is stand of the petitioner that the Department of Industrial
Training and Vocational Education has also changed the nomenclature of
this course and now termed it as electrician MREDA, which also does not
co-relate with the one advertised.
It is also the stand of the petitioner that the Government of
Haryana vide letter dated 15.5.2008 had equated the course undertaken by
the petitioner with other identical courses run by ITI.
On notice written statement was filed by respondent No.2. The
claim of the petitioner was contested in the written statement, however, the
learned Senior Deputy Advocate General Haryana on instructions from
Balwan Singh, Assistant, Legal Cell, Haryana Staff Selection Commission
states that the persons holding qualification as that of the petitioner have
CWP No.7832 of 2009 3
already been held to be eligible to compete for the post of Assistant
Lineman, and have been issued Roll numbers. Positive stand is also taken
that the petitioner shall also be issued Roll number to compete for this post.
In view of the stand of the respondents, this petition has been
rendered infructuous and is disposed of accordingly.
(Vinod K.Sharma)
20.11.2009 Judge
rp