RAVINDRA v. GHUGE & Y. G. KHOBRAGADE, JJ. DATE
Legal Reasoning
*1* 3wp15000o23IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADWRIT PETITION NO. 15000 OF 2023UMAKANT SHRIDHAR GIRI AND OTHERS VERSUSTHE STATE OF MAHARASHTRA THROUGHDEPARTMENT OF INDUSTRIES ENERGY AND LABOURAND ANOTHER... Shri Shaikh Ashraf Patel, Advocate i/by Shri Avhad Abhijeet P.,Advocate for the Petitioners.Shri S.K. Tambe, AGP for Respondent 1/State.Shri S.V. Adwant, Advocate for Respondent 2.... CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ. DATE :- 11th December, 2023Per Court :-1.This matter was heard at length on 07.12.2023 and08.12.2023. We granted time to the learned Advocate for thePetitioners to take instructions. Today, the learned Advocate forthe Petitioners submits that this Court may pass an order.2.The Petitioners have put forth prayer clauses B, Cand D as under:-“B.By appropriate writ, order or directions in thelike nature, the Respondent No.2 may kindly bedirected to permit the present Petitioners to *2* 3wp15000o23apply for the post of Assistant Technician(General) in Service AdvertisementNo.09/2023 dated 20.11.2023 from ‘Wireman’Educational Qualification.C.The Respondent No.2 may kindly be directedto consider the present Petitioners for the postof Assistant Technician (General) in ServiceAdvertisement No.09/2023 dated 20.11.2023.D.Pending hearing and final disposal of this WritPetition the Petitioners may kindly bepermitted to apply for the post of AssistantTechnician (General) in Service AdversementNo.09/2023 dated 20.11.2023 issued byRespondent No.2.”3.Respondent No.2 Company has published anadvertisement No.09/2023 on 20.11.2023. By the saidadvertisement, the posts of Assistant Electrician (Transmission)are being filled in. Filing of the forms commenced on 20.11.2023and ended on 10.12.2023, midnight. 4.By the said advertisement, Respondent No.2Company intends to recruit the Assistant Electricians(Transmission), on contractual basis. The period of contract is ofthree years. After completing three years of contractualemployment, the Company would be taking a decision as towhether, the concerned Assistant Electricians can be regularizedas “Assistant Technicians (General)”. 5.It is apparent that the Petitioners have wrongly *3* 3wp15000o23stated in the petition, for the reasons best known to them, that theCompany is filling up the posts of Assistant Technicians(General). This is totally fallacious since the Company isrecruiting contractual employees for the posts of AssistantElectrician (Transmission).6.In similar circumstances, by the order dated07.03.2017, this Court dismissed Writ Petition No.6337/2016(Haribhau Gangadharrao Chate vs. The State of Maharashtra andothers). In the said matter, the candidates, who had successfullycompleted the Electrician Course as is approved by the NCTVT,New Delhi, were held to be eligible for recruitment. ThePetitioner before the Court was a Wireman, which is a differentcourse, though approved by the NCTVT, New Delhi. Recordingthat the Company has restricted the advertisement to recruitingthe candidates who were holding the certificate of Electrician,this Court concluded that the said Petitioner, not being anElectrician, was not eligible.7.Another Bench of this Court, by the judgment dated24.01.2018 delivered in Writ Petition No.4835/2016 (SachinKamlakar Gadekar and others vs. The Chief Engineer,Maharashtra State Electricity Transmission Company and *4* 3wp15000o23others), noted that the Petitioners had prayed for modifying theadvertisement to include their candidature for selection as theyhad completed apprenticeship as Lineman with the Company.They had completed ITI course in Electrician trade andcompletion certificates were issued in their favour. This Courtnoted that there are two trades for apprenticeship, one asElectrician and another as Lineman. As far as the Electriciantrade is concerned, one year apprenticeship was necessary andfor the trade of Lineman, two years apprenticeship wasnecessary. The Petitioners had completed their apprenticeship asLineman of two years. By the Company's advertisement, thecandidates, who had completed apprenticeship as Electrician,were entitled to get 10% additional marks considering the natureof work to be done by the in service candidates. By a reasonedorder, it was held that as the Petitioners had not completedapprenticeship as Electrician, they were not entitled for 10% ofadditional marks.8.Yet another Bench of this Court delivered an orderon 05.10.2017 in Writ Petition No.4561/2016 (Gokul SahebraoChavan and others vs. The Executive Engineer and others),wherein, the Petitioners were ITI Wiremen. The advertisement
Legal Reasoning
*5* 3wp15000o23was for the posts of Technician Grade-IV. The advertisement didnot indicate the post of Wireman. Based on an interim order, thePetitioners participated in the selection process. After the matterwas heard finally, this Court observed in paragraphs 2 to 8 asunder:-“2. The learned counsel further submits that therespondent company is a Government of Indiaundertaking and is bound by the saidResolution. Other two companies havefollowed the said Government Resolution andit is only this respondent company which hasnot adhered to the Government Resolutiondated 9th July, 2015. The learned counselsubmits that under Circular dated 1st March,2017, the respondent company has alsoadopted and accepted the GovernmentResolution dated 9th July, 2015. They haverefixed the qualification required for'Technician GradeIV' and the Centre ofExcellence (Electrical Sector) awarded by theNCTVT, New Delhi is a recognisedqualification for 'Technician Grade IV.' Thelearned counsel further submits that though theadvertisement is issued on 1st April 2016, nofurther steps were taken by the respondents upto August 2017. In view of that, therespondents ought to have recalled the saidadvertisement and should have issued the freshadvertisement. The act of the respondent in notfollowing the Government Resolution dated 9thJuly, 2015 is erroneous. The advertisementbeing contrary to the Government Resolutiondated 9th July, 2015, deserves to be quashedand set aside.3. Mr. Adwant, learned counsel for therespondents submits that the qualification at the *6* 3wp15000o23entry level for 'Wireman' trade and 'Electrician'trade is distinct. The qualification at the entrylevel for 'Electrician' trade is much higher thanthe 'Wireman' trade. For 'Wireman' trade even8th standard pass student is eligiblewhereas for 'Electrician' trade the candidate hasto pass 10+2. The learned counsel submits that,the respondent is a company incorporatedunder the Companies Act having itsindependent identity. The respondent companyhas its own recruitment rules. The respondentcompany is the best judge of the qualificationto be possessed by the candidate for the post of'Technician Grade IV'. The syllabus for aperson undergoing electrician trade course andthat of wireman course are totally different,distinct and separate. Considering the skilledpersonnel for the job of 'Technician Grade IV'the qualification is prescribed in theadvertisement the same is valid as per theRules and the Policy existing then. The learnedcounsel has also taken us through theprovisions of the Apprentices Act, 1961.4. We have considered the submissions canvassedby the learned counsel for respective partiesand the advertisement, Government Resolutionand the Circular.5. The respondent company under AdministrativeCircular dated 1st March, 2017 has modifiedthe educational qualification criteria for thepost of 'Technician Grade IV' in techniciancadre and Assistant Operator in operating cadrein the company. The said revision ofqualification is pursuant to the GovernmentResolution dated 9th July, 2015, relied by Mr.Suryawanshi, the learned counsel for thepetitioners. The advertisement is issuedon 1st April, 2016. The candidates would applyconsidering the terms and conditionsenumerated in the advertisement. Therespondent company in the advertisement *7* 3wp15000o23provided qualification of a 'Electrician' tradefor the post of 'Technician Grade IV' andnot Centre of Excellence (Electrical Sector)awarded by the NCTVT, New Delhi. In light ofthat, large number of aspiring candidatespossessing the said certificate of excellence'Electrical Sector' would not have applied.6. The date on which the advertisement is issuedwould be relevant date to be considered. On thesaid date the Circular dated 1st March, 2017was not in existence. In view of that therefixed qualification as provided in the circulardated 1st March, 2017 would not be relevantfor consideration while considering thechallenge to the advertisement dated 1st April,2016. The Government Resolution dated 9thJuly, 2015 was not adopted and accepted by therespondent – company as on the date ofadvertisement.7. In view of the above, there is nothing on recordto state that the qualification provided for thepost of 'Technician Grade IV' was against theRules, Regulations or the Circulars ofthe respondent – company.8. In light of the above, the claim of thepetitioners cannot be considered. The writpetition is dismissed. No costs.”9.Coming back to this case, it is obvious that besidesthe social reservations, parallel reservation is provided forwomen, ex-service men, project affected persons, earthquakeaffected persons, physically challenged category, orphans andsports persons. Clause 4.1 of the advertisement indicates that thecandidates applying for the contractual appointment to the post *8* 3wp15000o23of Assistant Electrician (Transmission), should have completedthe course of two years under the scheme of Centre of Excellence(Electrical Sector), by the NCTVT, New Delhi. For the purposesof such qualification, it is mentioned that the following coursesshould have been completed by the concerned candidates:-Basic Courses1 YearBoard Based Basic TrainingCourse in Electrical Sector(BBBT)Advance Course/Module6 monthsTraining in Advancedmodules for next six monthsin following modules afterBBBT. “Operation & Maintenance ofEquipment used in HT, LT,Substation and cablejointing.”ApprenticeshipTraining 6 months6 months apprenticeship inthe trade of Mechanic (HT,LT Equipment’s and CableJointing) underApprenticeship Act, 1961awarded by NCTVT, NewDelhi.The candidate should have completed and cleared each abovecourses/ training/ apprenticeship for which he should possessmark sheets & training / passing certificates awarded byNCTVT, New Delhi.10.The Petitioners have contended that the Electricianand Wireman courses have the same syllabus. The Petitionersobtained their National Trade Certificates from the ITI as *9* 3wp15000o23Wireman. The Company should have allowed the Wireman toapply for the posts of Electrician by drawing equivalencebetween the Wireman and Electrician certificate courses. Aparallel is attempted to be drawn by contending that theGovernment Resolution dated 09.07.2015 contains the list ofcourses, which are equivalent to the trade courses covered in theCraftsman Training Scheme and in Annexure-A at Sr.No.5 (thelearned Advocate for the Petitioner submits that it is a mistakecommitted in the pleadings by typing Sr.No.4), the sector ismentioned as Electrical and equivalent trades as Wireman andElectrician. 11.Respondent No.2 Company is a specializedcompany in transmission. After the Maharashtra State ElectricityBoard underwent trifurcation, Respondent No.2/ MaharashtraState Electricity Transmission Company is formed, which has it'sexpertise in transmission of electricity. It would not beappropriate for this Court to rely upon the GovernmentResolution, which was issued in different set of circumstances,to conclude that the Lineman is as qualified as an Electrician. ALineman could not be an Electrician and therefore, vice- versa,the Electrician could not be a Lineman, in relation to the nature
Decision
*10* 3wp15000o23of work expertise that is required by the Company.12.Considering the above and taking into the earlierorders passed in similar circumstances when this Court refused toalter the advertisement merely because the Petitioners claimedthat they could perform duties on the post, which was advertised,this petition fails. 13.In view of the above, this Writ Petition is dismissed. kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)