Uttar Pradesh Industrial Training Institutes (Instructors) Service (Second Amendment) Rules, 2003: r.8 – Advertisement issued by the Directorate of Training and Employment inviting applications for the various posts of Instructors in the Government Industrial Training Institute of the State – Appellant applied for the post of Instructor in the subject of Fitter – Educational eligibility condition prescribed for the said post was a certificate in concerned trade from National Council of Vocational Training (NCVT) apart from two years’ experience – Appellant applied for such post on the basis of his three educational qualifications: National Trade Certificate of basic training of one year in Mechanical Group imparted by Model Industrial Training Institute (MITI), Haldwani; National Trade Certificate of further training of six months in Fitter General imparted by MITI, Haldwani; and National Trade Certificate of further training of six months in Metrology and Engineering Inspection imparted by MITI, Haldwani – He was found not eligible for the reason that he did not possess two years course from NCVT – High Court dismissed the writ petition filed by the appellant for the reason that three different courses undertaken by the appellant could not be treated as equivalent to the qualification prescribed under the Rules – Appellant relied upon Circular issued on 16 th December, 1983 giving equivalency between various disciplines under Restructured Pattern and Conventional Pattern of Craftsmen Training Scheme – The said Circular clarified that a candidate having basic course of Mechanical Trade of one year, Fitting General Module of six months and Metrology and Engineering Inspection Module of six months was treated to be equivalent to Fitter of two years training – Subsequently, another Circular was issued on 9th April, 1992 that certificate in Fitter Trade of two years granted by MITI, Haldwani which included one year basic training and six months module be treated equivalent to the National Trade Certificate – Held: The eligibility condition was that a candidate must have obtained a certificate in respective trade from NCVT – It is not necessary that a qualification prescribed in the Rules was to be possessed in one certificate – The State itself has treated qualification of basic course in Mechanical Trade Fitter, General Module and Metrology and Engineering Inspection Module equivalent to conventional pattern of Craftsmen Training Scheme – Thus, the stand of the State that the appellant was not possessing educational qualification cannot be sustained – Service law.
Allowing the appeal, the Court
HELD: The eligibility condition is that a candidate must have obtained a certificate in respective trade from NCVT. It is not necessary that a qualification prescribed in the Rules has to be possessed in one certificate. Once the educational qualification has been treated to be equivalent by the State Government in the Circulars issued earlier, the stand of the State that appellant is not qualified has no legs to stand. The State itself has treated qualification of basic course in Mechanical Trade Fitter, General Module and Metrology and Engineering Inspection Module equivalent to conventional pattern of Craftsmen Training Scheme. Thus, the stand of the State that the appellant was not possessing educational qualification cannot be sustained. The candidature of the appellant was not validly rejected. Since candidature of the appellant was rejected on the ground that he was not possessing educational qualification, therefore, the State Government is directed to take proper steps for appointment of the appellant in accordance with law. [Paras 9, 10 and 11] [761-D-H; 762-A-C]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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