On a comparison of the qualification as prescribed by Rules and the one possessed by the petitioner, it is evident that he does not answer the prescription of Diploma in Mechanical/ Automobile Engineering from a recognized University, which has been prescribed at Item No. i. Likewise, he also failed to answer the qualification listed at Item No. ii. However, in the alternative qualification, he may satisfy the initial qualification required but again failed to answer the additional qualification at Item No. ii or iii because he does not possess Craft Instructor Training Course from Central Training Institute/ Advance Training Institute in Pump Mechanic Trade from National Council for Vocational Training. He also does not possess three years' practical experience in an organization registered under the Factories Act, 1948 or at least three years' teaching experience in an institution recognized by the Government. The experience possessed by the petitioner by working in Saggu Engineering Works for more than 5 years does not show that the aforesaid organization is registered under the Factories Act, 1948. The Rules failed to prescribe a qualification, which is awarded by the institution in India. It has been argued that the alternative qualification, would be violative of Article 14 and 16(1) of the Constitution.
