4407_2023_3_1501_56836_Judgement_05-Nov-2024
4407_2023_3_1501_56836_Judgement_05-Nov-2024
4407_2023_3_1501_56836_Judgement_05-Nov-2024
VERSUS
WITH
JUDGMENT
B.R. Gavai, J.
Signature Not Verified
Digitally signed by
DEEPAK SINGH
of 2023.
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2. The present applications/appeal have been filed praying
herein.
3.8 On 14th July 2015, the final selection list was prepared
appointment letters.
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since renamed as National Institute of Electronics and
3.10 Vide final judgment and order dated 7th October 2017,
3.14 Vide final judgment and order dated 9th May 2019, a
and select list was partly quashed only with regard to those
against the true letter and spirit of the judgment dated 16th
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(2020) 4 SCC 86 : 2019 INSC 1380
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however, in the peculiar facts and circumstances, granted
same.
Service Commission.
High Court vide its judgment and order dated 7th October
that they did not possess the same on the last date of
obtained the same prior to the last date of the interview i.e.
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8. Shri Saxena, learned Senior Counsel appearing on
date of interview but did not possess the same on the last
candidates.
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10. By another office memorandum dated 25th November
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interviews were held from December 2014 to July 2015. The
2015.
selected.
“CONCLUSIONS
In the end, the Court records the following
conclusions:-
1. A recognised qualification is an essential facet
of Article 16 of the Constitution.
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2. No rights can be recognised in a candidate
aspiring to enter public service on the strength
of an unrecognized qualification or one granted
by an institution which is not conferred the
authority to grant the same in accordance with
law.
3. The qualification as prescribed by the
respondents does not merit interference at the
behest of the petitioners.
4. The decision of the Board of Directors of the
Corporation dated 23 November 2015 was an act of
ratification and therefore does not merit
interference.
5. The Commission failed to undertalce any enquiry
in respect of equivalence of qualifications. It
undertook a wholly perfunctory exercise and that
too prompted only by the interim directions of this
Court.
6. Even in this exercise no accepted or legally
sustainable norms were applied to adjudge the
equivalence of certificates.
7. The equivalence of qualifications cannot be
left to depend or rest upon a self certification of
candidates.
8. No certificate can possibly be accorded
equivalence unless an enquiry is addressed
towards its course content and syllabus.
9. None of the candidates holding other than
CCC certificates were shown to hold
qualifications recognisable in law. Their
inclusion in the select list has clearly tainted
the recruitment exercise. It has resulted in the
induction of candidates who were not entitled to
be selected or offered appointment.
10. Since their inclusion in the select list is
invalid and would consequently merit the select
list being redrawn, the petitioners are not liable
to be non suited on the basis of the cut off
marks prescribed by the Commission.
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Accordingly and in light of the above
discussion and the conclusions recorded above, the
select list prepared by the respondents is rendered
unsustainable and must in consequence be set
aside.
The writ petitions preferred by the non selected
candidates are therefore allowed to the extent
indicated below. The Court negatives the challenge
to the decision of the Board of the Corporation
dated 23 November 2015 and the condition of
eligibility contained in the two advertisements. All
interim orders operating on the writ petitions shall
stand discharged in order to enable the Commission
to proceed in the matter in light of the directions
being issued herein after.
15. It could thus be seen that the learned Single Judge held
Judge had set aside the select list only insofar as those
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2017, directed the Chief Engineer(s) and Superintending
High Court. The said list also contained the names of the
came to be terminated.
judgment and order dated 9th May 2019, held that the
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allowed the appeals reversing the judgment and order of the
terms, held that the candidates who had CCC certificate from
the learned Single Judge dated 7th October 2017, since the
that the learned Single Judge, vide its judgment and order
reveal that this Court upheld the finding of the learned Single
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Judge dated 7-10-2017 [Prashant Kumar
Jaiswal v. State of U.P. Writ A No. 41750 of 2015,
order dated 7-10-2017 (All)] , the Commission in
revising the merit list accepted the guidelines given
under the Government Order dated 3-5-2016. The
guidelines prescribed under the Government Order
dated 3-5-2016 are as follows:
“(a) The qualification of High School or
intermediate examination with an
independent subject or Computer Science
from Madhyamik Shiksha Parishad, Uttar
Pradesh or from any Institution/Education
Board/Council established by the Central
or any State Government.
(b) If any candidate has obtained diploma
or degree in Computer Science then he
shall also be eligible to be recruited as
Junior Assistant/Stenographer.”
72. Thus, in the revised select list apart from
candidates, who had CCC certificates
from DOEACC/NIELIT, the candidates who were
covered under guidelines dated 3-5-2016 were
also treated as equivalent to CCC and were given
place in the merit list subject to marks secured
by them in the written test and interview.”
22. It can be seen that this Court held that the object and
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learned Single Judge was applicable, apart from the
the guidelines dated 3rd May 2016 and were also treated as
the finding of the learned Single Judge and held that there
Single Judge.
list dated 14th July 2015 and went out of the select list due to
However, this Court did not issue any direction in that regard
of the select list dated 14th July 2015 could not have been
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25. It also appears that the respondent-Corporation has
dated 14th July 2015 and had produced the CCC certificate
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but have obtained the same subsequently. When the
1995 Regulations.
this Court itself vide order dated 30th January 2023, while
this Court.
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judgment of the learned Single Judge and terminated the
that the view taken by the learned Single Judge has been
Corporation.
forthwith;
allowed.
..............................J.
(B.R. GAVAI)
................................J.
(K.V. VISWANATHAN)
NEW DELHI;
NOVEMBER 05, 2024.
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