Writ petition filed by employees challenging exclusion of their AMIIW qualification for Management Trainee posts. Court held GOI notification limited to appropriate welding fields and declined interference with management's technical decision on discipline requirements.
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THE HON’BLE Ms. JUSTICE G. ROHINI
WRIT PETITION No.13346 OF 2010
Dated: 06.10.2010
Between :
1. E. Sridhar and 12 others … Petitioners
And
1. Visakhapatnam Steel Plant, rep. by its Chairman-cumManaging Director, Ukkunagaram, Visakhapatnam., And 2 others. … Respondents
THE HON’BLE Ms. JUSTICE G. ROHINI
WRIT PETITION No.13346 OF 2010
ORDER :
The petitioners herein are working as Senior Chargemen and Chargemen in the 1st respondent company. This writ petition is filed seeking a declaration that the circular dated 15.5.2010 issued by the 1st respondent inviting applications from the eligible departmental candidates to fill-up the post of Management Trainee (Technical) to the extent of the stipulation that the candidates having qualifications of “Associate Membership of Indian Institute of Welding (for short, ‘AMIIW’)” and “Graduate Qualification in Industrial Engineering from Indian Institute of Industrial Engineering” are not eligible as arbitrary and illegal.
It is pleaded that AMIIW which has been recognized as equivalent to Bachelor’s Degree in Engineering in Welding by the Government of India vide Notification No.47, dated 18.11.2000 issued by the Ministry of H.R.D., Government of India is one of the qualifications prescribed for securing the incentives, internal promotions and other benefits in the 1st respondent company. Even
the 1st respondent issued circular dated 30.08.1997 providing incentives i.e., two increments to those who acquired qualification of AMIIW. It is further stated that all the petitioners had acquired the said qualification of AMIIW after obtaining the permission from the 1st respondent management to prosecute the said course.
However in the impugned notification dated 15.5.2010 under which 65 posts of Management Trainee have been notified, it is stipulated that the candidates possessing qualification of AMIIW are not eligible. In view of the said stipulation, the applications of the petitioners were not accepted.
Aggrieved by the same, the present writ petition has been filed contending inter alia that in view of the Government of India’s notification recognising AMIIW as equivalent to Bachelor’s Degree in Engineering, the action of the 1st respondent in not taking into consideration the said qualification for the purpose of appointment to the post of Management Trainee (Technical) is arbitrary and illegal. It is also contended that having recognized the qualification of AMIIW for the purpose of granting incentives, the 1st respondent is not justified in ignoring the said qualification for appointment to the post of Management Trainee (Technical).
In the counter-affidavit filed on behalf of the 1st respondent, it is contended that as per the notification dated 18.11.2000 issued by the Government of India, AMIIW can be treated as eligible qualification only if the post notified relates to the discipline of welding and that the said qualification cannot be construed as equivalent to all the fields of Engineering. It is further contended that since no post in the discipline of welding was notified, it was rightly stipulated in the notification dated 15.5.2010 that the candidates having AMIIW qualification were not eligible.
I have heard the learned counsel for both the parties and perused the material available on record.
For proper appreciation of the contentions raised by the parties, at the outset it would be appropriate to refer to the Government of India’s notification dated 27.9.2000 published in the Gazette of India No.47, dated 18.11.2000.
Ministry of Human Resources Development Department of Secondary Education and Higher Education New Delhi, the 27th September, 2000.
On the recommendations of the High Level Committee for educational qualifications, the Government of India have decided that Associate Membership Examination of the Indian Institute of Welding, Calcutta is to be treated as a recognized qualification for the purpose of employment under the Central Government to the posts and service for which Bachelor’s Degree in Engineering in the appropriate field is a prescribed qualification.
Under the impugned circular dated 15.5.2010 applications were invited from the eligible departmental candidates for 65 posts of Management Trainee (Technical). Clause (2) of the eligibility criteria which prescribed the qualifications reads as under :
2. Eligibility Criteria:
Bachelor’s degree or equivalent in Engineering or Technology from a recognized University/Institute in the disciplines of Metallurgy / Mechanical / Electrical / Chemical / Civil / Electronics / Ceramics / Instrumentation with minimum 50% of marks (40% for SC/ST/PWD candidates). Candidates who have acquired B.E./B.Tech. qualification through distance education /correspondence mode from Universities should enclose proof of prospective recognition of such courses for the period of study, from UGC, AICTE, DEC or the Joint Committee, as applicable. Candidates having following qualifications are not eligible:
Candidates appearing for their Final year examination and expecting their results by 30th June, 2010 can also apply by enclosing certificate to that effect from their University/Institute, subject to passing the qualifying degree with specified percentage of marks at the time of interview.
It is apparent from the eligibility criteria that only those candidates with Bachelor’s Degree in Engineering or Technology in specified disciplines namely : Metallurgy, Mechanical, Electrical, Chemical, Civil, Electronics, Ceramics and Instrumentation are eligible to apply. Admittedly the AMIIW qualification possessed by the petitioners relates to the discipline of Welding.
A plain reading of the Government of India’s notification dated 18.11.2000 shows that AMIIW Certificate is a recognized qualification for the purpose of employment to the post and service for which Bachelor Degree in Engineering in the appropriate field is the prescribed qualification. The words “in the appropriate field” makes clear that AMIIW is a recognized qualification to the posts for which Bachelor’s Degree in Engineering in a field related to Welding is a prescribed qualification.
However the learned counsel for the petitioners while submitting that there is no separate post of Management Trainee (Welding) in the 1st respondent organisation, vehemently contended that the fact that even in the absence of such separate post, two increments are being granted by the 1st respondent for acquiring qualification of AMIIW shows that Welding is a part of all disciplines of Engineering.
It is explained in the counter-affidavit filed on behalf of the 1st respondent that depending on the requirements of the organisation, the disciplines of Engineering were prescribed for the post of Management Trainee (Technical) in the impugned circular. It is further stated that having proposed to fill up 260 posts of Management Trainee (Technical), the 1st respondent had identified 8 disciplines of Engineering i.e., Ceramics, Chemical, Civil, Electrical, Electronics, Instrumentation, Mechanical and Metallurgy keeping in view the expansion of plant capacity. Out of the said 260 posts, 65 posts were sought to be filled up with the departmental candidates for which
purpose the impugned circular dated 15.5.2010 was issued. The advertisement for the remaining 195 posts to be filled up with external candidates was published in the newspaper dated 21.4.2010 prescribing the very same 8 disciplines of Engineering in the eligibility criteria. It is further explained that there are many other Engineering disciplines such as Industrial, Computer Science and Welding which are not being considered by the 1st respondent for the 260 posts sought to be filled up as there is no requirement of those disciplines.
As could be seen, it is the specific case of the 1st respondent that the qualification of AMIIW is not equivalent to the Bachelor’s Degree in Engineering in any of the disciplines specified in the impugned circular. The 1st respondent also states that there is no requirement of discipline of Welding so far as the posts sought to be filled up.
While deciding the eligibility criteria for appointment against the posts notified, various factors including technical aspects have to be taken into consideration by the management depending on its requirement. This Court while exercising jurisdiction under Article 226 of the Constitution of India will not interfere with such decision unless it is established that the decision is contrary to law or is vitiated by mala fides. As the Court does not possess expertise to decide whether the posts notified in the impugned circular have any relevance to the field of Welding or not, the correctness of the decision of the 1st respondent in excluding the candidates with qualification of AMIIW from consideration cannot be adjudicated by this Court.
As expressed above, the contention of the petitioners that the Government of India’s notification dated 18.11.2000, equates Welding qualification with all the fields of Engineering for the purpose of employment is without any substance. Therefore, no Writ of Mandamus can be issued compelling the 1st respondent to consider the candidature of the petitioners in spite of the fact that they did not
posses the Bachelor’s Degree in the disciplines specified in the impugned circular dated 15.5.2010.
Accordingly, the Writ Petition is dismissed. No costs.
_____________ G. ROHINI, J.
Dt. 06.10.2010 gbs
3 issues framed by the court
Whether a Government of India notification equating AMIIW qualification to a Bachelor's Degree in Engineering makes it equivalent to all fields of Engineering.
Whether the authority acted arbitrarily by excluding candidates with AMIIW qualification for posts in engineering disciplines not related to Welding.
Whether the Court should interfere with the management's technical decision regarding eligibility criteria for appointments.
E. Sridhar and others
Visakhapatnam Steel Plant
G. Rohini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
