Writ Petition No. 21000 of 2021 · The High Court
Case Details
- 1 - NC: 2025:KHC:24395-DB WP No. 21000 of 2021 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 21000 OF 2021 (S-CAT) BETWEEN: 1. TANVEER ALAM AGED ABOUT 28 YEARS, S/O MUKTAR ALAM, AGED ABOUT 26 YEARS, WORKING AS GRADUATE ENGINEER (ON CONTRACT BASIS) DEPLOYED IN MINISTRY OF ROAD TRANSPORT AND HIGH WAY TRANSPORT BHAVAN, PARLIAMENT STREET-1. NEW DELHI-110001 R/O M-64, SECOND FLOOR, LEFT SIDE, ABUL FAZAL ENCLAVE, PART-I, JAMIA NAGAR OKHLA, NEW DELHI-110025. 2. KALIM AKHTER ANSAR AGED ABOUT 29 YEARS, S/O FAZAL HAQU ANSARI, WORKING AS GRADUATE ENGINEER (ON CONTRACT BASIS) DEPLOYED IN MINISTRY OF ROAD TRANSPORT AND HIGH WAY TRANSPORT BHAVAN, PARLIAMENT STREET-1. NEW DELHI-110001 R/O M-64, SECOND FLOOR, LEFT SIDE, ABUL FAZAL ENCLAVE, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:24395-DB WP No. 21000 of 2021 HC-KAR PART-I, JAMIA NAGAR OKHLA, NEW DELHI-110025. (BY SRI. MANU K., ADV. FOR P1 AND P2) …PETITIONERS AND: 1. UNION OF INDIA REP. BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAY TRANSPORT BHAVAN, SANSAD MARG, NEW DELHI-110001, UNION OF INDIA. 2. THE CHAIRMAN STAFF SELECTION COMMISSION, BLOCK NO.12, CGO COMPLEX, LODHI ROAD, NEW JLN STADIUM, NEW DELHI-110091. 3. THE REGIONAL DIRECTOR STAFF SELECTION COMMISSION (KARNATAKA -KERALA REGION) KORAMANGALA, BANGALORE-560034.
Legal Reasoning
(BY SRI.K.S. BHEEMAIAH, ADV. FOR R1 TO R3) …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ORDER DATED 23.03.2017 IN O.A.NO.616-617/2016 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL AT BANGALORE, PRODUCED HERETO AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE T.M.NADAF - 3 - NC: 2025:KHC:24395-DB WP No. 21000 of 2021 HC-KAR ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners are before this Court under Article 226 of the Constitution of India, aggrieved by the order dated 23.03.2017 in O.A.No.170/00616-00617/2016 passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore (for short “Tribunal”) by which, the petitioners’ application questioning their non-selection as Senior Technical Assistants is rejected. 2. Heard learned counsel Sri.Manu K for petitioners and learned counsel Sri.K.S.Bheemaiah for respondents. Perused the entire writ petition papers. 3. Learned counsel for the petitioners would submit that in terms of Annexure-A1/Notification dated 13.12.2014, applications were invited to fill up the posts of Senior Technical Assistants in the Ministry of Road Transport & Highways, the first respondent herein. The educational qualification prescribed was Diploma in Civil Engineering from a recognized University or Institute and one year - 4 - NC: 2025:KHC:24395-DB WP No. 21000 of 2021 HC-KAR experience in draftsmanship in a Government Undertaking or an Autonomous Body or Public Sector Undertakings. It is the case of the petitioners that even though they fulfilled the qualifications, their candidature is rejected solely on the ground that they would not possess prescribed qualification. Learned counsel for the petitioners would also submit that though the petitioners would not possess Diploma in Civil Engineering, they possess B.Tech Degree in Civil Engineering and they are qualified. Learned counsel invites attention of this Court to the reply statement filed by respondent No.1 before the Tribunal wherein the first respondent has stated that a candidate who possesses higher educational qualification may also be allowed to participate in the selection process and further submits that the Ministry has clarified that applicants possessing higher degree education qualifications i.e., B.E/B.Tech along with work experience can also be allowed because Four Year Degree Course covers Diploma Course subjects and Draftsmanship basic - 5 - NC: 2025:KHC:24395-DB WP No. 21000 of 2021 HC-KAR education as well. In that regard, learned counsel invites attention of this Court to the letter dated 22.03.2016 (Annexure-R4). 4. Learned counsel with regard to second qualification that one year experience in Draftsmanship in a Government Undertaking or an Autonomous Body or Public Sector Undertakings, referring to Annexure-R5 produced by the respondents along with their statement of objections, submits that the petitioners were working as Site Engineers in Mini Construction Company which was entrusted with the work by the Ministry of Road Transport & Highways. Thus, learned counsel would submit that petitioners possess qualification and rejection of their candidature on the ground that they would not possess required qualification is highly arbitrary and opposed to the material on record. 5. Per contra, learned counsel Sri.K.S.Bheemaiah would submit that Annexure-A1, Notification dated 13.12.2014 - 6 - NC: 2025:KHC:24395-DB WP No. 21000 of 2021 HC-KAR prescribes qualification and though the petitioners would not possess Diploma in Civil Engineering, they possessed B.E./B.Tech in Civil Engineering which would be sufficient. But with regard to qualification No. 2-experience, the petitioners have not placed any material on record. The respondents having found that the petitioners have no experience as required under qualification No.2 (Experience), rejected the candidature of the petitioners. Learned counsel would submit that the order passed by the Tribunal is proper and correct and prays for dismissal
Decision
of the writ petition. 6. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, the points which fall for our consideration is as to whether the Tribunal is justified in rejecting the application filed by the petitioners and whether the authorities are justified in rejecting the candidature of the petitioners for lack of qualification? - 7 - NC: 2025:KHC:24395-DB WP No. 21000 of 2021 HC-KAR 7. Answer to the above points would be in the affirmative for the following reasons: The petitioners would possess qualification of B.Tech in Civil Engineering from Goutham Buddh Technical University, Lucknow, Uttar Pradesh. They applied for the post of Senior Technical Assistants in pursuance of Annexure-A1/Notification dated 13.12.2014. The qualification prescribed for the post of Senior Technical Assistant under the notification inviting application reads as follows: “1(a) Diploma in Civil Engineering from a recognized University or Institute; or (b) Two years Certificate in Draftsmanship from a recognized Industrial Training Institute or Polytechnic approved by National Council for Vocational Training, Ministry of Labour AND 2. One year experience in draftsmanship in Government Undertakings or in an Autonomous Body or Public Sector Undertakings. - 8 - NC: 2025:KHC:24395-DB WP No. 21000 of 2021 HC-KAR Note 1 : Qualification are Relaxable at the discretion of the Staff Selection Commission for reasons to be recorded in writing, in case of candidates otherwise well qualified. Note 2: The Qualification regarding experience is Relaxable at the discretion of the Staff Selection Commission, for reasons to be recorded in writing in case of candidates belonging to the Scheduled Castes and Scheduled Tribes, if at any stage of selection the Staff Selection Commission is of the opinion that sufficient number of candidates from these communities possessing the requisite experience are not likely to be available to fill up the posts reserved for them. The above prescribes twin qualification i.e., Diploma in Civil Engineering from a recognized University or Institute or Two years Certificate in Draftsmanship from a recognized Industrial Training Institute or Polytechnic approved by National Council for Vocational Training, Ministry of Labour and one year experience in Draftsmanship in Government Undertaking or an - 9 - NC: 2025:KHC:24395-DB WP No. 21000 of 2021 HC-KAR Autonomous Body or Public Sector Undertakings and one year experiences in draftsmanship in government undertaking or public undertaking. 8. Admittedly, the petitioners possess higher qualification of B.Tech in Civil Engineering. Higher qualification of B.Tech or B.E. in Civil Engineering is recognized in terms of reply statement filed by respondent No.1. Paragraph 5.4 to 5.5 of the reply statement reads as follows: “5.4-5.5 The Ministry vide its letter dated 22nd March, 2016 (Annexure-4) informed the SSC that qualification is relaxable at the discretion of the SSC, and that Diploma in Civil Engineering or Draftsmanship Certificate should be taken as the minimum qualification. The applicants possessing higher degree educational qualification may also be allowed. Again, vide its letter dated 5th April, 2016 (Annexure-5), the Ministry informed the SSC that applicant possessing higher education qualifications like B.E/B.tech along with work - 10 - NC: 2025:KHC:24395-DB WP No. 21000 of 2021 HC-KAR experience, can be allowed because Four Year Degree Course covers Diploma course subjects and Draftsmanship basic education as well.” From the reading of the above, it is clear that the first respondent has clarified to the Recruiting Authority i.e., Staff Selection Commission that the candidates who possess B.E./B.Tech in Civil Engineering could be considered as possessing qualification at 1(a) of the prescribed qualification. The Selecting Authority has found that the petitioners would not possess qualification of one year experience in Draftsmanship in a Government Undertaking or an Autonomous Body or a Public Sector Undertakings i.e., qualification prescribed at 1(b) above. The petitioners have not placed on record any Certificate to establish that they possess qualification of one year experience in Draftsmanship in a Government Undertaking or an Autonomous Body or any Public Sector Undertakings. Learned counsel for the petitioners made his best effort referring to various documents placed on - 11 - NC: 2025:KHC:24395-DB WP No. 21000 of 2021 HC-KAR record to say that the petitioners possess one year experience as prescribed. 9. It is settled position of law that one shall possess prescribed qualification and unless he possess the prescribed qualification, would not be entitled for participation in the selection process. It is also settled position of law that it is for the Appointing Authority or Recruiting Authority to determine or prescribe qualification. In the instant case, the submission of the learned counsel for the petitioners that the Selection Authority shall infer on the experience of the petitioners based on their working cannot be accepted. The petitioners have not placed on record any material to establish that they have worked in a Government Undertaking or any Autonomous Body or any Public Sector Undertakings for a period of one year to gain experience in Draftsmanship. In the absence of any material to establish qualification of experience as Draftsmanship, we are satisfied that the order passed by the Tribunal is in - 12 - NC: 2025:KHC:24395-DB WP No. 21000 of 2021 HC-KAR accordance with law and would not require any interference at the hands of this Court. 10. We find no merit in the writ petition. Accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MPK CT:bms List No.: 1 Sl No.: 29