High Court Punjab-Haryana High Court

Chanan Singh vs State Of Punjab And Others on 22 July, 2009

Punjab-Haryana High Court
Chanan Singh vs State Of Punjab And Others on 22 July, 2009
     IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                             CHANDIGARH.

                  CWP No. 17872 of 2007 (O&M)

                   Date of Decision: July 22, 2009

Chanan Singh

                                                           ...Petitioner

                                Versus

State of Punjab and others

                                                        ...Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR

            HON'BLE MR. JUSTICE JASWANT SINGH

Present:    Mr. Rajiv Narain Raina, Advocate,
            for the petitioner.

            Mr. Piyush Kant Jain, Addl. AG, Punjab
            for the respondents.

1.    Whether Reporters of local papers may be               Yes
      allowed to see the judgment?
2.    To be referred to the Reporters or not?
3.    Whether the judgment should be reported in
      the Digest?


M.M. KUMAR, J.

The petitioner, who is an Ex-serviceman, has approached

this Court with a prayer for quashing the qualifications for the post of

Wireless Mechanic-cum-Operator Instructor laid down by the Punjab

Industrial Training (Class-III) Technical Service Rules, 2001 (for

brevity, ‘the Rules’) to the extent it requires a candidate to have

qualified the Craft Instructors Training Course from the Central
C.W.P. No. 17872 of 2007 (O&M) 2

Training Institute/Advanced Training Institute in the concerned trade

from National Council for Vocational Training. He has further

prayed that the qualification be read down so as to consider the

petitioner as qualified.

It is appropriate to mention that respondent No. 2 issued

an advertisement inviting applications for filling up posts in 56 trades

on contract basis on a fixed salary of Rs. 7,500/- per month, including

six posts of Wireless Mechanic-cum-Operator Instructor. One of the

posts of Wireless Mechanic-cum-Operator Instructor was kept

reserved for Ex-servicemen category. As per the appendix attached to

the Rules, the minimum qualification prescribed for the post of

Wireless Mechanic-cum-Operator Instructor was that the candidate

should have possessed Diploma in Electronic and Communication

Engineering from a recognised university or institution and at least

two years practical experience in an organisation registered under the

Factories Act, 1948 or at least two years teaching experience in a

Government Institution or an Institution recognised by the

Government. The alternate qualification on which reliance has been

placed by the petitioner is that a candidate should possess National

Trade Certificate/National Apprenticeship Certificate in Wireless

Mechanic-cum-Operator Trade from National Council for Vocational

Training and should have passed Craft Instructors Training Course

from Central Training Institute/Advance Training Institute in

Wireless Mechanic-cum-Operator Trade from National Council for

Vocational Training. Further requirement of the Rules is that he
C.W.P. No. 17872 of 2007 (O&M) 3

should have possess at least two years practical experience in an

organisation
C.W.P. No. 17872 of 2007 (O&M) 4

registered under the Factories Act, 1948 or at least two years teaching

experience in the line in a Government Institution recognised by the

Government.

It could not be disputed that the petitioner does not answer either

set of qualifications. He claimed to have fulfilled alternative qualification of

possessing National Trade Certificate/National Apprenticeship Certificate in

Wireless Mechanic-cum-Operator Trade from National Council for Vocational

Training. As a matter of fact, the certificate possessed by the petitioner is that

of a Welder, which obviously does not belong to the trade of Wireless

Mechanic-cum-Operator trade. Mr. Raina then relies upon certificate dated

3.5.2003, issued by the Battery Commander (P-1) which states that the

petitioner has long experience which is equivalent to the qualification of

Wireless Operator. There is no such provision in the Rules recognising

experience as equivalent to qualification. This is not a fit case where vires of

the Rules could be examined on the ground that in the alternate qualification

Craft Instructors Training Course from Central Training Institute/Advance

Training Institute in Wireless Mechanic-cum-Operator Trade from National

Council for Vocational Training, has been provided and that no such course is

available in such institutions. Such a question can appropriately be examined

at the instance of a person who at least answers the other qualifications

provided in the alternative qualifications. Accordingly the writ petition does

not deserve admission. Therefore, this petition fails and the same is dismissed.




                                                      (M.M. KUMAR)
                                                         JUDGE



                                                    (JASWANT SINGH)
July 22, 2009                                           JUDGE
 C.W.P. No. 17872 of 2007 (O&M)   5

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