Himachal Pradesh High Court
Kuldeep Sharma vs State Of Himachal Pradesh And Others on 31 December, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2024:HHC:16714
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPOA No. 942 of 2019 with
CWP No. 8085 of 2022
Decided on: 31.12.2024
CWPOA No. 942 of 2019
Kuldeep Sharma ... Petitioner
Versus
State of Himachal Pradesh and others ... Respondents
CWP No. 8085 of 2022
Sarabjeet ... Petitioner
Versus
State of H.P. and others ... Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 Yes
_____________________________________________________
CWPOA No. 942 of 2019
For the petitioner : Mr. Surender Sharma, Advocate.
For the respondents : Mr. Sumit Sharma, Deputy Advocate
General for respondents-State.
: Mr. Madhurika Sekhon, Advocate, for
respondent No. 3.
: Mr. S.D. Gill, Advocate for respondent
No. 4.
: Ms. Ambika Kotwal, Advocate for
respondent No. 5.
1
Whether reporters of the local papers may be allowed to see the judgment?
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CWP No. 8085 of 2022
For the petitioner : Ms. Ambika Kotwal, Advocate.
For the respondents : Mr. Sumit Sharma, Deputy Advocate
General for respondents-State.
: Mr. Madhurika Sekhon, Advocate, for
respondent No. 3.
: Mr. S.D. Gill, Advocate for respondent
No. 4.
: Mr. Surender Sharma, Advocate for
respondent No. 5.
Ajay Mohan Goel, Judge (Oral)
As common issues of law and facts are involved in these
petitions, therefore, as agreed, the same are being disposed of vide a
common judgment.
2. For the purpose of facts, this Court is referring to
averments made in CWPOA No. 942 of 2019, titled as Kuldeep
Sharma vs. State of Himachal Pradesh and others.
3. Brief facts necessary for the adjudication of these writ
petitions are that in terms of Annexure A-2, dated 19.02.2017,
appended with CWPOA No. 942 of 2019, certain posts were
advertised to be filled in by walk-in-interview, which included the
post of Trainer Mechanic Motor Vehicle in Industrial Training
Institute, Jubbal.
4. The number of posts advertised was one and the date of
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interview was mentioned as 06.03.2017 to be held at Government
ITI, Shimla and essential and desirable qualifications for the post as
per Recruitment and Promotion Rules mentioned in the said
advertisement were as under:-
“For NTC and CTI Holder:
(i) Matric with Science and Math from recognized
university/board.
(ii) NTC in trade concerned or equivalent issued recognized by
NCVT or National Apprenticeship Training Scheme (later to be
preferred)
(iii) CTI or at least one year duration with alteast two years
experience in the trade concerned in an industrial Training
Institute or in a reputed Industrial Concern.
And should possess valid LMV/LTV driving licence.
For: diploma/Degree Holder
(i) Matric with Science and Math from recognized
university/board
(ii) Three year diploma in Automobile/Mechanical Engg.
(specialization in automobile) from recognized board of
technical education with minimum two year experience in the
automobile industry and should possess valid LMV driving
licence OR
(iii) Degree in Automobile Engg/Mechanical Engg. (with
specialization in automobile) from recognized Engg.
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College/University with one year experience in the
automobile industry and should possess valid LMV driving
licence.”
5. Both the petitioners herein applied for the post in issue.
In terms of Annexure A-4, dated 31.05.2017, Principal-cum-Member
Secretary, IMC for Govt. Industrial Training Institute Shimla,
District Shimla, H.P. wrote a letter to the Principals of Government
Industrial Training Institutes, Deegal/Jubbal/Solan/Shimla, in
which, proposed names of the candidates, selected for the respective
Institutes, were mentioned for further necessary action at their end.
6. This included the name of the petitioner Kuldeep
Sharma for Government ITI, Jubbal, District Shimla.
7. However, thereafter, in terms of Annexure P-5, dated
01.06.2017, a communication was addressed by the Principal ITI,
Jubbal, to the Principal-cum-Member Secretary (IMC), Government
Industrial Training Institute, Shimla, District Shimla, H.P. on the
subject “regarding selection of Sh. Kuldeep Sharma S/O Sh. Ravi
Dutt Sharma as Trainer (MMV) for this institute”. It was mentioned
in this communication that with reference to Kuldeep Sharma,
selected as Trainer (MMV) for ITI Jubbal, after verification of the
testimonials of the selected candidate as per NCVT norms and letter
No. STV(IT)ESTT/Appointment/2017-4178-4187, dated 14.02.2017,
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the candidate was not found fulfilling the requisite qualifications, i.e.
diploma/degree in Automobile Engg./Mechanical Engg. (with
specialization in Automobile Engineering) and the candidate was
also not found possessing one year experience in automobile
industry. It was further mentioned in this communication that the
candidate does not fulfills the requisite qualifications for said post
and therefore, the joining of the candidate cannot be accepted.
8. Feeling aggrieved, the petitioner filed an original
application before erstwhile Administrative Tribunal, i.e. OA No.
4571 of 2017. Said OA was listed before learned Tribunal on
05.09.2017 and the following order was passed by learned Tribunal:-
“Mr. Vinay Sharma, learned Deputy Advocate General
waives service of notice on behalf of the respondents.
Replies within four weeks and rejoinders, if any,
thereafter within three weeks.
There will be an interim direction to respondent No. 4
to accept the joining of the applicant against the post of
Trainer (Mechanic Motor Vehicle) in ITI Jubbal, District
Shimla, subject to final outcome of the present original
application.
List on 02.11.2027.
Copy dasti.”
9. On the strength of the interim order passed by the
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Court, the petitioner joined against the post in issue in ITI, Jubbal.
During the pendency of this writ petition, other petitioner, namely,
Sarabjeet filed CWP No. 8085 of 2022, seeking quashing of the
appointment of Kuldeep Sharma as Trainer Mechanic Motor Vehicle
in ITI, Jubbal, on the ground that he was ineligible to be offered
appointment, with further direction that the next candidate in merit
be offered appointment.
10. Learned Counsel for petitioner Kuldeep Sharma argued
that the petitioner was fulfilling the requisite criteria of qualification
as well as experience and therefore, the act of the respondents of not
accepting his joining was not sustainable in the eyes of law. He took
the Court through educational qualifications of the petitioner as well
as the experience certificate initially and subsequently submitted by
him which will be referred by this Court in the course of
adjudication of the writ petition and submitted that as Annexure A-5
is not sustainable in law, the same be quashed and set aside.
11. The stand of the respondent-Department is that Kuldeep
Sharma was not found fulfilling the eligibility criteria for being
appointed against the post of Trainer Mechanic Motor Vehicle.
Learned Deputy Advocate General has vehemently argued that the
qualifications possessed by the petitioner Kuldeep Sharma as well as
experience certificate furnished by him were not fulfilling the
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eligibility criteria and therefore, there is no infirmity in the act of the
respondents of not accepting the joining of the petitioner.
12. Learned Counsel appearing for Sarabjeet adopted the
arguments of the State and in addition argued that whereas on one
hand Kuldeep Sharma was continuing to hold the post despite the
fact that neither he was offered any appointment nor he had actually
joined the post, simply on the strength of the order passed by the
learned Tribunal, and as Kuldeep Sharma was not eligible to be
appointed against the post, his writ petition be dismissed and that of
Sarabjeet be allowed with the direction to the respondents to recover
the wages that stood received by Kuldeep Sharma with further
direction to the respondents to offer appointment to Sarabjeet.
13. I have heard learned Counsel for the parties and
carefully gone through the pleadings as well as documents appended
therewith.
14. At this stage, it is pertinent to mention that in order to
ascertain as to whether there was any offer of appointment ever
made to Kuldeep Sharma, Ms. Madhurika Sekhon, learned Counsel
for the concerned ITI was called upon to produce the original record.
The same was produced for the perusal of the Court and perusal
thereof demonstrates that no offer at any stage was ever made to
Kuldeep Sharma nor he had joined the post in issue.
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15. Coming back to the facts of the case, as already
mentioned hereinabove, in order to be eligible for the post of Trainer
Mechanic Motor Vehicle, the essential and desirable qualifications
inter alia for the Diploma/Degree holders were Matric with Science
and Math from recognized University/Board, three year Diploma in
Automobile/Mechanical Engg. (Specialization in Automobile) from
recognized Board of Technical Education with minimum two year
experience in the automobile industry etc or Degree in Automobile
Engineering/Mechanical Engineering (with specialization in
Automobile). The petitioner Kuldeep Sharma in terms of the
documents appended with the petition was possessing the Diploma
in Mechanical Engineering from Himachal Pradesh Takniki Shiksha
Board, copy of which is appended with his petition as Annexure A-1.
However, in the Diploma of Mechanical Engineering, specialization in
Automobile is not mentioned. Similarly, in the Degree of Mechanical
Engineering of the petitioner, it is not mentioned that it is with
specialization in Automobile.
16. The experience certificate, which was submitted by the
petitioner when he applied for the post, is appended with the petition
as Annexure A-6, which reads as under:-
” This is to be certified that Mr. Kuldeep Sharma S/ o Sh.
Ravi Dutt Sharma R/o Kaushik Niwas Near Sen. Sec. School,
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Mashobra Kasauli, Tehsil Kasauli Distt. Solan (H.P.) workedas an Instructor of Fitter Trade w.e.f. August 2015 to August
2016 at S.D.S.J. Food Craft Private Industrial Training
Institute, Vill. Nagali, P.O. Barog, Teh. & Distt Solan (H.P.)
His last down payment is Rs.7500/- per month.
He bear a good moral character during the period of his job.
We wish him all success in his life.
Authorized Signatory
S.D.S.J. I.T.Ι. Nagali, Barog Solan”
17. Thus, in terms of this experience certificate, Kuldeep
Sharma was stated to be working as an Instructor of Fitter Trade at
SDSJ Food Craft Private Industrial Training Institute, Solan. This
experience certificate obviously was not as per the advertisement.
18. As mentioned hereinabove also by me, in terms of
advertisement, requirement was of three years Diploma in
Automobile/Mechanical Engineering with specialization in
Automobile Industry. As per the Diploma of Kuldeep Sharma, he had
completed three years Diploma Course in Mechanical Engineering,
however, the same was not with specialization in Automobile.
Petitioner Kuldeep Sharma thereafter also did B.Tech. in Mechanical
Engineering, however, in this certificate also, it is not reflected that it
was with specialization in Automobile. Not only this, the certificate
which was submitted by him when he applied for the post relating to
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his experience was the one which already stands quoted by me
hereinabove, in terms whereof, he submitted an experience
certificate of working as Instructor of Fitter Trade. Now this
certificate was not as per the requirement of the advertisement for
walk-in-interview. Though learned Counsel for the petitioner by
referring to another document appended alongwith A-7, which is
also the experience certificate has argued that the petitioner
thereafter submitted this certificate in terms whereof the petitioner
was serving as an Automobile Mechanic with V.K. Engineering
Works from 01.07.2011 to 7.07.2012, however, he could not answer
the query of the Court that if the petitioner was in possession of this
certificate in the year 2012, then, what prevented him from
submitting this certificate at the time of interview. In fact, this
certificate was never submitted by Kuldeep Sharma before the
Authorities at the time of interview and the reason for this is obvious
that he was not in possession thereof. This Court has no hesitation
in observing that this certificate appears to have been procured by
the petitioner thereafter to establish that he was possessing the
requisite experience. The Court observes that if the petitioner was in
possession of this certificate, in terms whereof he had worked as
Automobile Mechanic, from 01.07.2011 to 07.07.2012, then nothing
prevented him from submitting this certificate at the time of
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interview, in which he submitted his other certificates of Fitter Trade
w.e.f. August 2015 to August 2016.
19. In terms of the reply of respondent No. 4 also, the
educational qualification documents as well as initial experience
certificate submitted by Kuldeep Sharma were not in terms of the
advertisement. It is specifically mentioned in the reply that neither
the experience certificate submitted by Kuldeep Sharma nor the
educational qualification documents submitted by him were in terms
of the requirements of the advertisement. This is the consistent
stand of all other respondents also.
20. Thus, the fact of the matter is that it is the consistent
stand of all the respondents that the petitioner was not fulfilling the
eligibility criteria to be appointed against the post of Trainer
Mechanic Motor Vehicle.
21. Having perused the documents of educational
qualification as well as the experience of the petitioner Kuldeep
Sharma, this Court is of the considered view that there is no
illegality in the action of the Department of not offering appointment
to the petitioner. Kuldeep Sharma admittedly was neither possessing
the requisite educational qualifications nor the experience certificate
initially submitted by him was in consonance with the
advertisement. The subsequent experience certificate submitted by
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him in the considered view of this Court was procured just to fill up
the lacuna.
22. Therefore, as this Court has no hesitation in holding
that petitioner Kuldeep Sharma was not fulfilling the eligibility
criteria for being appointed against the post of Trainer Mechanic
Motor Vehicle, and as there is no infirmity in the action of the
respondents of not offering the post to the petitioner Kuldeep
Sharma and not allowing him to join the post in issue, the petition
filed by Kuldeep Sharma, i.e. CWPOA No. 942 of 2019, being devoid
of merit is dismissed and interim order granted in his favour by
erstwhile learned Administrative Tribunal is forthwith vacated.
23. In light of the adjudication in CWPOA No. 942 of 2019,
there is no occasion for this Court now to decide CWP No. 8085 of
2022 on merit and the same is disposed of with the direction that
the respondent-Department is at liberty to offer appointment to the
candidate most meritorious who participated in the recruitment
process.
The writ petitions stand disposed of in above terms, so
also pending miscellaneous application(s), if any.
(Ajay Mohan Goel)
Judge
December 31, 2024
(narender)