A Division Bench dismissed an intra-court appeal against an order that rejected the appellant's eligibility for a post. The court held that an applicant's qualifications must be approved by Government authorities, finding no error in the Single Judge's decision.
The intra-court appeal was dismissed as it was found to be devoid of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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I N THE HI GH COURT OF JUDI CATURE FOR RAJASTHAN BENCH AT JAI PUR
DB Special Appeal (Writ) No.1520/ 2012 Om Prakash Yadav Vs. Chairman and Managing Director, Rajasthan Vidyut Prasaran Nigam Ltd. & ors.
Date of Order :: 12/ 01/ 2015 PRESENT HON'BLE MR. JUSTI CE AJAY RASTOGI HON'BLE MR. JUSTI CE J.K. RANKA
Mr. Vikas Kabra, counsel for the appellant.
Instant appeal is directed against order of ld. Single Judge dt.25/09/2012.
Indisputably, the appellant is holding ITI certificate from Vocational Training Center, National Industrial Training Institute Education Society, Haryana which is registered by Haryana Government but that does hot hold any approval/recognition by a statutory body or the Government.
The post of Technical Helper alongwith other posts came to be advertised by the respondents, the certificate which the appellant holds of ITI, which is registered in the State of Haryana, was enclosed by him alongwith his application but he was not considered to be eligible to participate in the selection process held for the post of Technical Helper and at that stage the writ petition came to be filed, the respondents in the reply made a specific
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statement that the ITI certificate issued by the National Industrial Training Institute Education Society, Haryana, is not recognized by NCVT/SCVT and in absence of the
certificate holding any recognition/approval by the Government authorities, in absence whereof, the appellant
was not allowed to participate in the selection process and before the ld. Single Judge, counsel was unable to justify regarding the qualification of ITI which the appellant possessed and that was the reason the ld. Single Judge was not inclined to interfere under order impugned dt. 25/09/2012.
In the instant appeal as well, counsel is unable to justify that the ITI certificate possessed by the appellant holds approval of the Government authorities. However, at the same time, a submission has been made that as per the condition of eligibility laid down under the advertisement, ITI/NCVT/SCVT is the requirement and there is no condition stipulated in the advertisement that the ITI certificate should be approved by the Government and that being so, the action of the authorities in treating the appellant to be ineligible is perse bad and is not in conformity with the terms and conditions of the advertisement pursuant to which the application was submitted by him.
We do not find substance in the submission made
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for the reason that the qualification possessed by an applicant is always required to be approved by the Government authorities. In absence of any material available
on record, at least the qualification possessed by the appellant of ITI certificate cannot seek approval by the
mandate of law under the orders of Court and this what the ld. Single Judge observed in the order impugned.
We do not find any error being committed by the
ld. Single Judge which may require interference at this stage
in the instant intra-court appeal.
Consequently, the intra-court appeal, being devoid
of merit, is hereby dismissed.
(J.K. Ranka), J. (Ajay Rastogi), J.
Raghu
Cer t i f i cat e: Al l cor r ect i ons made i n t he j udgment / or der have been i ncor por at ed i n t he j udgment / or der bei ng e- mai l ed. Raghu, Sr . PA.
2 issues framed by the court
Whether the appellant was correctly treated as ineligible to participate in the selection process for the post of Technical Helper despite holding an ITI certificate.
Whether the qualification of an ITI certificate requires approval by Government authorities to be considered valid for recruitment purposes.
Om Prakash Yadav
Chairman and Managing Director, Rajasthan Vidyut Prasaran Nigam Ltd.
Ajay Rastogi
J.K. Ranka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
