The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 (An application under Articles 226 & 227 of the Constitution of India) Susanta Kumar Patel and others (In W.P.(C) No.4342 of 2024) … Petitioners Mr. S.B. Jena, Advocate -versus- Union of India and others … Opposite Parties Mr. S. Swain, Sr. Panel Counsel Mr. P.K. Parhi, DSGI along with Mr. D.R. Bhokta, CGC Union of India and others (In W.P.(C) No.18136 of 2021) … Petitioners Mr. S. Swain, Sr. Panel Counsel -versus- Prasanta Kumar Mishra and others … Opposite Parties Mr. S. Mallick, Advocate(OPNos.1 to 4) Union of India and others (In W.P.(C) No.18155 of 2021) … Petitioners Mr. S. Swain, Sr. Panel Counsel -versus- Sushil Kumar Behera and others … Opposite Parties Mr. A.K. Mohanty-A, Advocate(OPNos.1 to 4) Mr. J. Biswal, Advocate (Intervener) W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 1 of 40 Union of India and others (In W.P.(C) No.5573 of 2023) … Petitioners Mr. P.K. Parhi, DSGI along with Mr. D.R. Bhokta, CGC -versus- Susanta Kumar Patel and others … Opposite Parties Mr. S. Mallick, Advocate (OPNos.13 to 16) CORAM: HON’BLE DR. JUSTICE B.R.SARANGI HON’BLE MR. JUSTICE G. SATAPATHY DATE OF HEARING :27.03.2024 DATE OF JUDGMENT:22.04.2024 G. Satapathy, J. 1. A common issue, which would resolve the real dispute between the parties, arises in all these four writ petitions and, therefore, all these writ petitions are accordingly disposed of by this common judgment with consent of the learned counsel for the parties. 2. The Union of India and others by filing two writ petitions in W.P.(C) Nos. 18136 & 18155 of 2021 have challenged the common order dated 22.01.2021 passed in O.A. No. 290 of 2020 and O.A. No. 303 of 2020, by which the Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as the “Tribunal”) has ordered to declare the result of the W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 2 of 40 petitioners (hereinafter referred to as the “applicants”) in both the OAs, who are arraigned as opposite parties in these two writ petitions for the written examination of Limited Departmental Competitive Examination (hereinafter referred to as “LDCE”), 2020 and considered them for promotion in accordance with law, along with similarly placed candidates, whereas Union of India & others by filing the writ petition in W.P.(C) No.5573 of 2023 have assailed the interim order dated 14.02.2023 passed by the Tribunal in M.A. No. 72 of 2023 arising out of O.A. No. 730 of 2022 deferring to conduct LDCE, 2022 for one month, but Four Employees working as Skilled Technicians in the Ordinance Factory of Badmal(OFBL) by filing W.P.(C) No. 4342 of 2024, have assailed the interim order dated 24.01.2024 passed by the Tribunal in M.A. No. 457 of 2023 arising out of O.A. No. 730 of 2022 refusing to issue any direction to the respondents therein for declaration of their result. 3. Briefly stated, the relevant facts involved in these writ petitions are that the opposite parties in W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 3 of 40 WP(C) Nos. 18136 & 18155 of 2021 (hereinafter referred to as the “Applicants”) are working as the Highly Skilled Technicians in Ordinance Factory of Badmal(OFBL). On 17.08.2015, the Secretary, Ordinance Factory Board issued a Circular for creation of better facilities in all Ordinance Factories for providing evening classes of Diploma Course for exploring opportunities amongst the Skilled Technicians for appearing in the LDCE for the post of Chargeman (Tech.& Non-Tech.). Accordingly on 23.05.2016, the General Manager(GM), OFBL issued a circular inviting Technical Institution for providing Diploma Course within the factory premises, and one institute namely SITE came forward, but it could not be materialized, however, another circular was issued on 02.06.2016 and in response to such circular, one institute namely Gandhi Institute of Science & Technology (GIST) offered to provide Diploma Course to the Skilled Technicians working in OFBL by providing evening classes approved by (All India Council For Technical Education) AICTE and the Skilled Technicians of OFBL were asked to attend the W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 4 of 40 Counseling for admission into aforesaid Diploma course. The applicants-cum-Highly Skilled Technicians sought for NOCs and accordingly, they were granted with NOCs. Further, the applicants passed the Diploma course on different dates and obtained certificates. On 03.06.2020, the GM, OFBL floated an advertisement for filling of vacancies to the post of Chargeman (Tech & Non-Tech) for OTs and Stores by way of notification no. 84 inviting application from the eligible candidates desirous to appear in LDCE, 2020. In this notification, three years Diploma or equivalent qualification certificates in respective fields duly affiliated by AICTE was prescribed as the minimum educational qualification for the post of Chargeman(Tech) and pursuant to such notification, 133 candidates including the applicants applied to appear in LDCE, 2020 by enclosing their testimonials, but after verification, it came to the notice of the competent authority that the applicants had acquired Diploma Certificates from GIST who had only approval of AICTE for running “2nd shift full time course”, but the applicants in their certificates had W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 5 of 40 claimed to have attended the evening course at OFBL Campus, however, the NOCs were issued to them for acquiring diploma course from GIST with an advice to verify at their own interest the authenticity of certificate issued by such institution and whether it is recognized by appropriate Government body for the purpose of employment/promotion in Government organization. 4. In the above situation, the competent authority of OFBL issued letter to the applicants on 02.07.2020 asking them to produce clarification from AICTE and/or SCTE&VT(State Council for Technical Education and Vocational Training), Odisha regarding approval of the various Technical Diploma Courses offered by GIST, Rayagada through evening classes at OFBL campus, but none of the applicants submitted such clarification and thereby, the competent authority of OFBL rejected the candidature of the applicants and other similarly situated candidates on 17.08.2020 on the ground that SCTE&VT has clarified that there is no such type of course i.e. part time evening Diploma Course W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 6 of 40 conducted by GIST, Rayagada outside its campus and GIST, Rayagada is only affiliated to SCTE&VT, Orissa to conduct full time Diploma Course in 2nd shift. 4.1. After their candidature being rejected, the applicants approached the learned Tribunal in OA Nos. 290 of 2020 and 303 of 2020 challenging the letter of OFBL dated 02.07.2020 and 17.08.2020 and, accordingly, the Tribunal vide its interim order dated 30.09.2020 provisionally permitted the applicants to appear LDCE, 2020 on the condition not to declare their result without leave of the Tribunal and the applicants appeared the said examination. 4.2. After filing of counter, rejoinder and hearing
Legal Reasoning
the parties, the Tribunal disposed of both the OAs by way of a common order passed on 22.01.2021 directing OFBL to declare the result of the applicants for the examination LDCE, 2020 and consider the applicants for promotion in accordance with law which is subject matter of challenge in WP(C) Nos. 18136 of 2021 and 18155 of 2021. 4.3. The petitioners in WP(C) Nos. 4342 of 2024, who are four in numbers being the Skilled Technical W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 7 of 40 Employees of OFBL and eligible to appear LDCE, 2022 for filling of the post chargeman-Tech & Non- Tech(OTS & Stores) have approached the Tribunal by filing OA No. 730 of 2022 challenging the eligibility list, which is furnished on 16.11.2022 to petitioner no.2- Bikash Ranjan Sahoo on RTI application, issued by OFBL allowing private opposite party nos. 7 to 14 to appear in LDCE, 2022 despite they being not eligible according to the petitioners on the selfsame ground of their Certificates found to be not valid as GIST, Rayagada has no approval to conduct the Technical Diploma Course outside its campus in the evening as full time course. On this very ground, the petitioners have accordingly prayed for a direction in the OA No. 730 of 2022 to declare private opposite party nos. 7 to 14 in WP(C) Nos. 4342 of 2024 not eligible to appear in LDCE, 2022 for the post of chargeman-Tech & Non-Tech. Accordingly, the Tribunal passed an interim order dated 14.02.2023 in the in MA No.72 of 2023 arising out of OA No. 730 of 2022 on the application of the writ petitioners W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 8 of 40 deferring to conduct LDCE, 2022 scheduled to be held on 26.02.2023 for a period of one month. 4.4. Against the aforesaid interim order deferring the examination LDCE, 2022 for one month, the Union of India and the Management of OFBL have approached this Court by filing the writ petition in WP(C) No. 5773 of 2023, wherein the interim order of the Tribunal was modified by this Court vide order dated 24.02.2023 to the extent of allowing private opposite party nos. 9 to 16 in this writ, who are impleaded as private opposite party nos. 7 to 14 in WP(C) No. 4342 of 2024 to appear in the LDCE, 2022. 4.5. While the matter stood thus, the petitioners in WP(C) No. 4342 of 2024 who have approached the Tribunal in OA No. 730 of 2022 have again approached the Tribunal by filing MA No. 457 of 2023 to direct the respondent-cum-Management of OFBL to publish their result of LDCE, 2022 which was turned down by the Tribunal vide an order dated 24.01.2024 passed in MA No. 457 of 2023 giving rise to the writ petition in WP(C) No. 4342 of 2024 for seeking relief W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 9 of 40 of issuance of direction to opposite parties-cum- Management of OFBL to publish their result by quashing the impugned order dated 24.01.2024 passed by the Tribunal in MA No. 457 of 2023. This is how the sole issue of validity of Certificates of the Skilled Employees of OFBL issued for Technical Diploma Course offered by GIST and its consequence for LDCE, 2020 and LDCE, 2022 being intermingled and interwoven are involved in all these writ petitions. 5. In response to the notices of writ in WP(C) Nos. 18136 of 2021 and 18155 of 2021, the opposite parties who are the applicants in OAs have filed their respective counters in the writ petitions reiterating their claim supporting the common order passed by the Tribunal in the OAs, but the sum and substance of the counter affidavit filed by these applicants is with regard to their claim of eligibility to appear in LDCE, 2020 for acquiring eligibility qualifications from GIST who was allowed to conduct evening classes for the employees in OFBL campus with due permission of the Authorities of OFBL and thereby, the Certificate W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 10 of 40 issued by GIST to the applicants are valid for LDCE, 2020 since the course offered by GIST was with due approval of AICTE and/or SCTE&VT. It is discernible in the counter affidavits that since there was increasing demand amongst the Skilled Technicians of OFBL for Technical Diploma Courses after their Office hours, the Ordinance Factory Board has clearly issued instruction and authorized GM/Senior GM to contact institution at their end to take initiative for opening of evening classes for Technical Diploma Courses for the employees in their campus in FTIs/others space, since all the Ordinance Factories are having good infrastructure in their FTIs, which can be used after factory hour for the aforesaid purpose and, accordingly, the Management of OFBL contacted GIST to conduct Diploma Courses in their campus by providing evening classes to the Skilled Technician and accordingly, GIST started providing evening classes from 03.06.2016 and onwards conducting evening classes/2nd shift classes in OFBL campus, but notwithstanding to the claim of the writ petitioners that GIST had only approval for conducting Diploma W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 11 of 40 Courses in 2nd shift as full time course in their own campus, it is also claimed by applicants-opposite parties in their respective counter affidavits that since OFBL selected GIST to impart Technical Education like Diploma Courses and noticed all the aspirants employees to attend counseling to take admission for such courses by issuing NOC to them with a purpose for facilitating the employees to appear in LDCE, 2020, their subsequent action to say that the Certificate issued to the applicants-opposite parties for the Technical Diploma Course offered by GIST is not valid perse contrary to their own claim by OFBL and the Certificate issued to applicants-opposite parties is Equivalent Qualification Certificate in respective field affiliated by AICTE and recognized by SCTE&VT which has issued the Certificates to the applicants-opposite parties for the course conducted by GIST and thereby, the writ petitioners are estopped to challenge the validity of Certificates of the petitioners at this stage, since the same are genuine and issued by SCTE&VT as per the guidelines
Decision
of AICTE. Further, claiming the writ petitions to have W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 12 of 40 been filed after five months of passing of the impugned order by the Tribunal in OA Nos. 290 of 2020 and 303 of 2020, it is claimed and prayed by the applicants that the writ petitions are somehow liable to be dismissed on the very score of limitation and the order passed by the Tribunal may kindly be confirmed. 6. In the course of hearing of writ petitions, Mr. S.Swain, learned Senior Panel Counsel, Government of India appearing for Union of India in WP(C) Nos. 18136 of 2021 and 18155 of 2021 has submitted that for the post of chargeman Grade-II technical, a candidate has to possess minimum three years Diploma or Equivalent exam qualification in the respective field duly affiliated by AICTE, but the Certificates furnished by the opposite parties- applicants reveal that they have passed the Diploma in Engineering from GIST in the winter- 2018/summer-2018 examination and the provisional mark sheet issued to the applicants-opposite parties as annexed to the writ petitions disclose that the applicants have passed Technical Diploma Course in W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 13 of 40 different branch of Engineering from GIST in 2nd shift Kholiguda, Rayagada, but the Certificates issued to them must be for the course affiliated by AICTE which is not the case here. It is further contended by Mr. Swain that when SCTE&VT on verification of the Certificates of the applicants intimated OFBL that there is no such type of course i.e. part time evening Diploma Course conducted by GIST outside its campus and GIST, Rayagada is affiliated to SCTE&VT, Orissa to conduct full time Diploma Course in 2nd shift, but since the opposite parties-applicants have acquired qualification from GIST, Rayagaga and obtained Certificates in Diploma Courses, they were provisionally allowed to appear LDCE, 2020 subject to condition of their submitting an undertaking in prescribed format to produce clarification from AICTE and/or SCTE&VT regarding approval of AICTE to GIST for conducting evening classes at OFBL campus, but the applicants-opposite parties could not produce such undertakings and filed the OAs, wherein the learned Tribunal has erroneously appreciated the materials and documents to answer the issue in W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 14 of 40 favour of the applicants-opposite parties, but AICTE vide their letter dated 28.07.2020 has clarified that 2nd shift Diploma Courses in Engineering in Mechanical, Civil and Electrical offered by GIST was duly approved by AICTE and the above courses were approved as 2nd shift courses only, not as a part time courses which is also found mentioned in the Certificates of the applicants issued by SCTE&VT as 2nd shift courses and the applicants-opposite parties having not been able to produce valid Certificates are not eligible to appear LDCE,2020 and therefore, the order of the Tribunal directing OFBL to declare the result of the applicants-opposite parties are contrary to the principle of law and cannot be sustained and the order of the Tribunal is therefore liable to be set aside/quashed. Mr. Swain, has accordingly, prayed to allow both the writ petitions by setting aside the impugned order of the Tribunal. 7. In reply, Mr. S. Mallick, learned counsel appearing for the opposite party Nos. 1 to 4 (applicants) in WP(C) No. 18136 of 2021 has submitted that although the facility for taking up W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 15 of 40 Diploma course from GIST was provided by OFBL, but subsequently the management of OFBL insisting for production of undertaking by the applicants-opposite parties to show AICTE approval of course offered by GIST and withholding their candidature for want of the same tantamount to arbitrary and illegal action of OFBL, however, the OPs-applicants were rightly being allowed to appear in the LDCE examination by the Tribunal and, therefore, the directions issued by the Tribunal in the order impugned to declare the result of applicants-opposite parties is in the interest of justice, since OFBL has selected GIST after verifying its approval which is palpable from rejection of another institute namely Susri Institute of Technical Education (SITE) Sadaipali, Balangir which was not having approval of AICTE. It is further submitted by Mr. Mallick that when the Technical Diploma Course provided by GIST with due acknowledgement of OFBL, it would not be proper to say that the course undertaken by applicants-opposite parties was a part time course and not approved by AICTE, but such assertion of the writ petitioners is squarely negated W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 16 of 40 by the very issuance of Certificates to the applicants- opposite parties by SCTE&VT itself goes to show that the course offered by GIST was duly approved by AICTE and the Certificates issued to the applicants- opposite parties are genuine and, therefore, the Tribunal has rightly held to declare the result of the opposite parties-applicants who had appeared in LDCE, 2020 and therefore, both the writ petitions lacks merit and liable to be dismissed. Mr. Mallick, however, has accordingly prayed to dismiss the writ petition in WP(C) No. 18136 of 2021. 8. Mr.A.K.Mohanty-A, learned counsel appearing for OP Nos. 1 to 4 in W.P.(C) No. 18155 of 2021 has submitted that in order to create facility for evening classes of Technical Diploma courses in the Ordinance Factory campuses, the Member, Personnel had issued letter dated 17.08.2015 vide Annexure-A/1 attached to the counter affidavit authorizing GMs/Sr.General Managers of Ordinance Factories to contact institutions conducting regular fulltime Technical Diploma Courses approved by the AICTE and to take initiative to open evening classes for Diploma courses W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 17 of 40 in Ordinance Factory FTIs or any other infrastructure available with them and accordingly, the Authority of OFBL had made necessary arrangements for creation of facilities for organizing evening classes for Technical Diploma classes in OFBL premises which can be evidenced from Annexure-B/1 and thereafter, GIST, Rayagada was selected by OFBL to provide evening classes of various Diploma courses to the employees of OFBL in their premises and notice was published by OFBL for counseling and admission to such courses under Annexure-C/1 and accordingly, the employees including the applicants-opposite parties pursued their respective courses offered by GIST in OFBL campus, but when the matter comes for applying LDCE, 2020, the Authority illegally disputed the Certificate for the Diploma courses offered by GIST for not having approval of AICTE, notwithstanding to the fact that the Certificates and provisional mark sheets of the applicants were issued by SCTE&VT which is not only valid, but also genuine, however, OFBL rejected the aforesaid Certificates of the applicants on the ground for want of approval of W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 18 of 40 AICTE by concluding that GIST has only approval of AICTE for running 2nd shift fulltime course, but not evening courses at OFBL campus, which led the opposite parties-applicants to approach the Tribunal which has rightly passed order impugned in this writ petitions. Mr. Mohanty has further submitted that there is absolutely no material to hold that GIST who conducted the classes in OFBL campus, has offered the course as a part time course or the Certificates of the applicants are not valid and the ambiguity, if any has only been created by OFBL to preclude the applicants-opposite parties from their legitimate dues in appearing LDCE, 2020. Mr. Mohanty has also submitted that against the impugned order of the Tribunal, one of the employee-cum-technical staff of OFBL namely Bikash Ranjan Sahoo has unsuccessfully challenged the order of the Tribunal by filing a review petition before the Tribunal in RA No. 03 of 2021 and such order of dismissal of review petition was confirmed by this Court in W.P.(C) No. 18762 of 2021. In concluding his argument, Mr. Mohanty has submitted that when the courses offered by GIST to W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 19 of 40 the applicants in OFBL campus on the request of OFBL which had not only verified the approval of GIST to conduct classes outside GIST campus, but also has encouraged the applicants-OPs along with other employees to take admission in GIST which was selected after rejecting the institute SITE for not having approval AICTE and in the circumstance, it cannot be said that the Certificates issued to the applicants by SCTE&VT for the course offered by GIST are not valid on the ground that the course offered is a part time course imparted through evening classes in OFBL campus and GIST has only approval of AICTE for conducting Diploma course in 2nd shift within its campus as a fulltime course, which is contrary to the action of OFBL, since the applicants-opposite parties having taken the course after obtaining NOC from OFBL, who after verifying has invited GIST to conduct course in their campus and therefore, the candidature of the opposite parties-applicants by no stretch of imagination can be considered as invalid and thus, the Tribunal has rightly directed the OFBL to declare the result of opposite parties-applicants who have W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 20 of 40 appeared the examination of LDCE, 2020. On the aforesaid submission, Mr. Mohanty, has contended that the writ petition merits no consideration and is liable to be dismissed. 9. Mr. J. Biswal, learned counsel appearing for the Intervener in IA No. 10374 of 2023 in WP(C) No. 18155 of 2021 has submitted that OFBL by issuing direction to some of the examinee including applicants-opposite parties and interveners- petitioners in LDCE, 2020 to produce an undertaking to clarify from AICTE and/or SCTE&VT regarding approval of courses conducted by GIST by providing evening classes at OFBL Campus, despite allowing/permitting GIST, Rayagada to conduct evening classes at OFBL Campus after verifying approval of such courses by AICTE and/or SCTE&VT, is contrary to their own instruction and thereby, the writ petitioners in WP(C) No. 18155 of 2021 are not only creating hindrance in the prospect of examinee in LDCE, 2020, but also prohibiting such examinees to take the benefit of promotion by appearing LDCE, 2020 and such action of writ petitioners is arbitrary, W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 21 of 40 illegal and unreasonable. Mr. J. Biswal, in essence supporting the submissions advanced for the opposite parties-applicants in WP(C) No. 18136 and 18155 of 2021 has prayed to dismiss both the writ petitions. 9.1 Although, Mr. S.B. Jena, learned counsel appearing for the Intervener Petitioner-Bikash Ranjan Sahoo in IA No. 12656 of 2021 in WP(C) No. 18155 of 2021 has, however, supported the case of department i.e. OFBL (petitioners) in WP(C) No. 18155 of 2021. 10. Further, Mr. S.B. Jena, learned counsel appearing for the writ petitioners in WP(C) No. 4342 of 2024 has submitted that although the petitioners have challenged the decision of OFBL in allowing private opposite party Nos. 7 to 14 to appear LDCE, 2022 by filing OA No. 730 of 2022 before the Tribunal which has refused to pass any direction to OFBL from declaring result of the petitioners in this writ petition by way of an arbitrary order passed on 24.01.2024 in M.A. No. 457 of 2023(OA No. 730 of 2022), but in a similar matter, the Central Administrative Tribunal, Jabalpur Bench, Jabalpur has passed order dated W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 22 of 40 08.02.2024 in OA No. 200/01036/2023 directing the respondents therein which constitute Union of India, General Manager, Ordinance Factory and General Manager, Gun Carriage Factory, Jabalpur to declare the select list of JWM Technical and issue promotion orders and, therefore, in this case, the innocent petitioners who being eligible and having appeared in LDCE, 2022 has been unnecessary harassed by the order of the Tribunal for not publishing their results and by claiming the order impugned in this writ petition being unsustainable, Mr. S.B. Jena, has prayed to allow the writ petition in WP(C) No. 4342 of 2024 by directing OFBL to publish result of the petitioners. 11. Mr. P.K. Parhi, learned DSGI along with Mr. D.R.Bhokta, learned CGC appearing for the petitioners-Union of India in WP(C) No. 5573 of 2023 has submitted that the Tribunal has of course erroneously passed an order on 14.02.2023 in MA No. 72 of 2023 arising out of OA No. 730 of 2022 to defer the examination LDCE, 2022 for a period of one month, but this Court being cognizant of the W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 23 of 40 difficulties of the candidates has modified such direction by passing an order on 24.02.2023 directing the petitioners to conduct examination LDCE by following with due procedure and LDCE, 2022 having already been conducted, the impugned order passed by the Tribunal in MA No. 72 of 2023 arising out of OA No. 730 of 2022 may kindly be quashed. Accordingly, it is prayed by the writ petitioners to allow the writ in WP(C) No. 5573 of 2023 by quashing the order impugned therein. 12. Since the claim of the Petitioners in all these writ petitions is incidental and contingent upon affective resolution of rival claims in lead case in WP(C) Nos. 18136 of 2021 and 18155 of 2021 and the innocuous prayer of the petitioners in WP(C) No. 4342 of 2024 is for declaration of their result by quashing the interim order dated 24.01.2024 passed by the Tribunal in MA No. 457 of 2023 and the order impugned in WP(C) No. 5573 of 2023 having already modified by allowing to conduct LDCE, 2022, which is the substantial prayer of the petitioners therein, this Court considers it appropriate to dispose of first the W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 24 of 40 writ petitions in WP(C) Nos. 18136 of 2021 and 18155 of 2021, which would govern the result of other two writ petitions. It is, however, clarified that in WP(C) No. 5573 of 2023 all the opposite parties except opposite party Nos. 6 and 8 have already entered appearance by respective counsels, but the ADs of notice against OP Nos. 6 and 8 having returned back after due service, notice against them is held sufficient, however, OP Nos. 1 to 5 have only filed counter affidavit to the averments of the writ. Although, no notice has been issued against the Ops in WP(C) No. 4342 of 2024, but taking into account the relief claimed therein and the dispute therein could affectively be resolved after decision in the lead cases, all the writ petitions including in WP(C) No. 4342 of 2024, which is at the admission stage, are disposed of by this common order with the consent of learned counsel for the parties. 13. Decision in WP(C) Nos. 18136 and 18155 of 2021 The resolutions to all the rival disputes between the parties in all the writ petitions are contingent upon the decision in the aforesaid two W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 25 of 40 writs in which the key to the dispute rests/lies in the answer to the following two questions: - (i) Whether the Institute GIST, Rayagada had the approval of the statutory bodies such as AICTE and SCTE&VT for conducting Diploma Courses in 2nd shift outside its campus in the premises of OFBL by providing evening classes to the applicants-OPs? (ii) Whether the Certificates issued by SCTE&VT for the course offered by GIST to the applicants-OPs are valid and sufficient to make them eligible to appear LDCE, 2020 as equivalent qualification Certificate prescribed for the post of Chargeman (Tech) in terms of the advertisement dated 03.06.2020. Before answering these two questions as formulated above, it needs to be reminded that the Member, Personnel by his letter dated 17.08.2015 had instructed all the Senior GMs and GMs of Ordinance Factories to contact institution to open evening classes for Diploma Courses in Ordinance Factory FTIs or any other infrastructure available with them. In this letter, emphasis was given for creation W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 26 of 40 of facilities for evening classes of Technical Diploma Courses for semi skilled/skilled technician of Ordinance Factories and while writing this letter, it was inter-alia stated that there are institutions in each District wherever Ordinance Factories exist which are conducting regular full time Technical Diploma Courses approved by the AICTE, but the Ordinance Factories which are not situated in metropolitan cities, are too far away for their workmen to attend the Diploma courses after normal factory hours, however, all the Ordinance Factories are having reasonable good infrastructure in their FTIs which are not in use after normally factory hours. In pursuance to such letter, OFBL by writing a letter on 23.05.2016 had invited SITE, Bolangir for providing evening classes in Technical Diploma Courses at OFBL premises, but the said initiative was not materialized, however, subsequently, OFBL invited GIST, Raygada to conduct evening classes for various Diploma Courses at OFBL premises for the aspirants-factory employees and arranged counseling for their employees to take admission in their desired W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 27 of 40 Technical Diploma Courses subject to availability of vacancy and the Factory employees were also requested to give wide publicity amongst all the eligible candidates to avail the opportunity. Further, it is also not in dispute that OFBL had issued NOC to the applicants-OPs to pursue their studies for Technical Diploma Courses from GIST, Rayagada in the year 2017. Accordingly, the applicants-OPs had pursued their studies from GIST, Rayagada at OFBL campus, but the dispute in this case first time surfaced after the applicants-OPs applied to appear in the LDCE,2020 pursuant to the advertisement issued on 03.06.2020, since before conduct of examination, the Certificates furnished by the applicants-Ops were considered to be invalid by OFBL in terms of the advertisement dated 03.06.2020 on the ground that the Diploma Courses offered by GIST was approved for 2nd shift only and not as part time courses but as full time courses within its campus, whereas the Certificates appended by the applicants-Ops to their application forms were issued for the Technical Diploma Courses conducted by GIST, Rayagada W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 28 of 40 outside its campus in evening classes at OFBL premises, which was not having approval of AICTE. 14. Thus, the primary question of dispute in this case is whether GIST, Rayagada had no approval of AICTE/SCTE&VT for conducting Technical Diploma Courses by providing evening classes outside its campus. For deciding the core issue of the validity of Certificates of the applicants-Ops, a collective reference to the advertisement dated 03.06.2020 for LDCE, 2020 together with the relevant recruitment rules, it appears that the minimum educational qualification for chargeman(tech) is three years Diploma or equivalent exam qualification in respective field duly affiliated by AICTE. It is, therefore, very clear that the eligibility criteria as fixed for Chargeman (Tech) is either three years Diploma or equivalent exam qualification with AICTE approval. On coming back to the Certificates furnished by the applicants-Ops, undeniably it appears that the SCTE&VT, Odisha has issued the Certificates to the applicants-Ops for passing Diploma Courses in Engineering of different branch from GIST W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 29 of 40 2nd shift Kholiguda, Rayagada in summer-2018 or winter-2018 examination. In addition, the provisional mark-sheet issued to the applicants are provided by SCTE&VT, but with regard to the genuineness of the Certificates, it is considered appropriate to refer to the clarification issued by the Secretary, SCTE&VT by his letter No. 889 dated 01.07.2020 to the work manager, OFBL, wherein the Xerox copy of the Diploma Certificates of the applicants-Ops are found genuine, however, the seeds of dispute was probably planted in this letter, since the aforesaid letter of Secretary, SCTE&VT, however, further discloses that at the relevant time, there was no part time evening Diploma Courses conducted outside its campus by GIST, Rayagada which was affiliated to SCTE&VT, Odisha only to conduct full time Diploma Course in 2nd shift. Hence, there appears a situation which says that the Certificates of the applicants-Ops are genuine and issued by SCTE&VT, but the institution GIST was not offering any evening Diploma Courses outside its campus, although it was affiliated to SCTE&VT, Odisha to conduct full time Diploma W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 30 of 40 Courses in 2nd shift. Further, AICTE in its letter dated 28.07.2020 addressed to the Works Manager of OFBL, Bolangir has made it clear that the 2nd shift Diploma Courses in Mechanical Engineering, Civil Engineering and Electrical Engineering of GIST, Rayagada, Odisha was AICTE approved for the sessions 2016-18 and 2017-19 and the above courses were approved as 2nd shift courses only not as part time courses. It is, therefore, very clear that the Certificates were valid and the courses offered by GIST to the applicants-Ops at the relevant time were not only approved by AICTE, but also were approved by SCTE&VT, but the Management of OFBL has taken a stand that since the applicants-Ops had taken Diploma Courses in the evening classes and thereby, such courses were considered to be part time courses without the approval of AICTE or SCTE&VT, however, the OFBL had also made a query to GIST, to which GIST had responded by clarifying that GIST was called upon by HRD Section of OFBL for campus selection and they were requested to conduct evening classes in OFBL campus beyond the curriculum and W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 31 of 40 practical & theory subject at their institute premises at their (OFBL) off days including Sunday as extra class according to criteria GIST by OFBL. 15. It needs to be clarified that GIST was invited for conducting Diploma Courses by providing evening classes to the employees of OFBL, but no document or material is being produced to say that GIST was requested to provide part time courses. Even otherwise, taking into consideration the approval of AICTE and SCTE&VT for courses offered in OFBL premises by GIST in 2nd shift, it cannot be disputed that what albeit constitutes 2nd shift has not been clarified, but it is sure that evening classes can also be taken in 2nd shift inasmuch as in normal parlance, the employees of certain Factories discharge their duties in shift wise and looking at the same, 2nd shift can be meant for evening. On the other hand, generally the duration to complete a course in part time may be longer than in full time courses. Accepting, but not admitting the contention of OFBL that GIST was not approved to provide evening classes, but as per the admitted documents, GIST W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 32 of 40 had recognition and approval to conduct diploma courses in 2nd shift which may be synonymous to evening because if eight hours is considered as a shift, then there may be three shifts in a day. For commencement of shift, normally it starts from 8am in the morning and, therefore, 2nd shift can be well considered after 4pm in the evening. However, it is also not disputed that OFBL vide order No. 197 dated 15.06.2019 has also granted lump-sum incentive to its employees for acquiring fresh higher qualification in Diploma in Mechanical Engineering from the selfsame institute GIST, Rayagada in the same manner. Further, AICTE in its clarification as sought for by OFBL has not distinguished the courses in “2nd shift” to mean as “part time” courses and the classes in such courses cannot commence in the evening, so also it does not stipulate GIST to conduct courses outside its campus. Further, in the clarifications as issued by SCTE&VT and AICTE, neither the Diploma Courses offered by GIST in the evening classes were considered as part time courses nor it stipulates that GIST cannot conduct diploma course outside its W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 33 of 40 campus, rather the clarification of SCTE&VT only suggests that there is no such type of course i.e. part time evening Diploma Course conducted outside the campus of GIST, Rayagada and it clarifies that GIST, Rayagada is affiliated to SCTE&VT, Orissa to conduct full time diploma course in 2nd shift. At the cost of repetition, it is stated herein that the courses in 2nd shift can be provided in the evening inasmuch as nothing has been brought to the notice of the Court that 2nd shift may not be construed as evening in a description of day in shift wise for Factory workers. 16. A careful conspectus of pleadings and documents on record, there appears no dispute to find out that OFBL had invited GIST to conduct evening Diploma Technical Course in its campus and made arrangement for its employee to attend counseling sessions offered by GIST as well as it (OFBL) had issued NOC to the applicants-OPs to pursue their study in Technical Diploma Courses offered by GIST, Rayagada in OFBL campus and the applicants-OPs have successfully completed the Diploma Course from Gandhi Institute of Science and W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 34 of 40 Technology in 2nd shift in summer-2018/winter-2018. Further, the applicants-OPs were issued with certificates for such Diploma course by SCTE&VT along with provisional mark sheet and such Certificates of the applicants-OPs were found to be genuine by SCTE&VT. It is also not in dispute that GIST had approval of AICTE and SCTE&VT to conduct such Diploma Courses in 2nd shift, but the Authorities of OFBL only rejected the candidature of the applicants-OPs on the ground that they have completed part time Diploma Courses which is contrary to the materials on record, since no material or document has been produced by the writ petitioners to suggest that the applicants-OPs have taken part time courses from GIST nor GIST in his clarification has stated to have offered part time courses to the applicants-OPs. Merely because the OFBL Authorities had invited GIST to offer technical courses in evening classes to its employees, such courses in evening classes cannot constitute as part time course in absence of any materials and documents, rather such courses can be well W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 35 of 40 considered to have been provided in 2nd shift in evening. In such situation, what has been held by the Tribunal appears to be correct, since the courses offered by GIST in 2nd shift may be in the evening classes and it does not establish that such courses offered by GIST in evening classes are part time courses. Had the courses offered by GIST been part time courses, it must have been clarified by OFBL at the time of inviting GIST to offer courses to its employees who have been asked by OFBL to attend the counseling and take admission in Technical Diploma Courses from GIST. It appears that OFBL has not only created ambiguity, but also trying to fish out such ambiguity to debar the applicants-OPs from their legitimate claim to appear in the LDCE, 2020. Further, it is also not in dispute that the applicants- OPs have passed the Diploma Courses and submitted their Certificates to the Authorities who have verified and found the same to be genuine, but the only objection raised by OFBL was that the courses class was conducted in 2nd shift instead of evening shift. In fact, the OFBL had invited GIST and allowed it to W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 36 of 40 provide courses inside Factory premises as full time course to its employees who without affecting their normal duties took admission in the courses and the NOC issued to them reveals that they were asked to take admission and appear in the classes without affecting their normal duties. GIST also took the classes for Diploma courses in the evening hours which may be considered as 2nd shift full time Diploma Courses. 17. One of the interesting points to be noted here is that some of the employees of OFBL have also filed OA No. 730 of 2022 challenging the eligibility list dated 16.11.2022 issued by OFBL allowing private Opposite Party Nos. 7 to 14 (OP Nos. 7 to 14 in W.P.(C) No. 4342 of 2024/ OP Nos. 9 to 16 in W.P.(C) No. 5573 of 2023) therein who are similarly situated with applicants-OPs, to appear in LDCE, 2022 by considering them to be eligible on the self same Certificates obtained for the Diploma course taken from GIST in 2nd shift as valid. Had the OFBL been convinced that the applicants-OPs are not eligible, how come they again issued an eligibility list W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 37 of 40 allowing similar situated candidates who have acquired Diploma qualification from GIST in 2nd shift in evening classes. It is, therefore, clear that the objection as raised by OFBL to the candidature of applicants-OPs are untenable in the eye of law. Hence, it is held by this Court that the Tribunal has not committed any illegality or perversity in allowing the OA Nos. 290 of 2020 and 303 of 2020 vide its order dated 22.01.2021. In such situation, this Court does not find any justification or reason to interfere with such finding of the Tribunal and, accordingly, WP(C) Nos. 18136 of 2021 and 18155 of 2021 merit no consideration and liable to be dismissed. Consequently, the impugned common order dated 22.01.2021 passed by the Tribunal in O.A. No. 290 of 2020 and O.A. No. 303 of 2020 is hereby confirmed. 18. In coming back to the relief sought for by the Petitioners in WP(C) Nos. 5573 of 2023, it appears that the relief sought for by the Petitioners seeking for quashing of order dated 14.02.2023 passed by the Tribunal in MA No.72 of 2023 arising out of OA No.730 of 2022 has already been granted by W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 38 of 40 modifying the impugned order which was passed to defer the examination LDCE, 2022 for one month by allowing the exam to continue and, thereby, no relief is required to be granted to the Petitioners in the writ petition which is disposed of in terms of the order passed therein by this Court on 24.02.2023. Moreover, the relief claimed in WP(C) No. 4342 of 2024 for quashing of order dated 24.01.2024 passed by the Tribunal refusing to issue any direction to OFBL to declare the result of the Petitioners is accordingly, quashed in view of the order dated 22.01.2021 passed by the Tribunal, Cuttack which has been confirmed by this Court in WP(C) Nos. 18136 and 18155 of 2021 wherein the Certificates issued to the OPs-applicants for the course offered by GIST are considered valid and the order dated 08.02.2024 passed by the Central Administrative Tribunal, Jabalpur Bench in OA No. 200/01036/2023 and therefore, the Authorities of OFBL are directed to declare the result of the writ petitioners in W.P.(C) No. 4342 of 2024. W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 39 of 40 19. In the result, the writ petitions in WP(C) Nos. 18136 and 18155 of 2021 are hereby dismissed on contest, whereas W.P.(C) No. 4342 of 2024 is allowed and the impugned order dated 24.01.2024 passed by the Tribunal in M.A. No. 457 of 2023 arising out of O.A. No. 730 of 2022 is hereby quashed, but W.P.(C) No. 5573 of 2023 is accordingly disposed of. In the circumstance there is no order as to costs. (G. SATAPATHY) JUDGE Dr. B.R.Sarangi, J. I Agree (DR. B.R. SARANGI) JUDGE Signature Not Verified Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 22-Apr-2024 13:02:02 Orissa High Court, Cuttack, Dated the 22nd day of April, 2024/Kishore W.P.(C) Nos.4342 of 2024, 18136 of 2021, 18155 of 2021 and 5573 of 2023 Page 40 of 40