RAJESH KUMAR DWIVEDI Vs. STATE OF U.P.
LAWS(SC)-2019-12-16
SUPREME COURT OF INDIA
Decided on December 06,2019

RAJESH KUMAR DWIVEDI Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

HEMANT GUPTA, J. - (1.) The challenge in the present appeal is to an order dated 14 th December, 2016 passed by the High Court of Judicature at Allahabad whereby the appeal filed by the appellant challenging the order dated 26th April, 2011 passed by the learned Single Judge was dismissed.
(2.) An advertisement was issued on 17th March, 2008 by the Directorate of Training and Employment, Lucknow, U.P. inviting applications for the various posts of Instructors in the Government Industrial Training Institute of the State. The appellant applied for the post of Instructor in the subject of Fitter. The educational eligibility condition prescribed for the said post was a certificate in concerned trade from National Council of Vocational Training for short, NCVT apart from two years' experience in any industry or training/educational institute, either before or after getting instructor training. The appellant applied for such post on the basis of the following educational qualifications: (a) National Trade Certificate of basic training of one year from September, 1990 to August, 1991 in Mechanical Group imparted by Model Industrial Training Institute for short, MITI Haldwani; (b) National Trade Certificate of further training of six months from September, 1991 to February, 1992 in Fitter General imparted by MITI, Haldwani; and (c) National Trade Certificate of further training of six months from March, 1992 to August, 1992 in Metrology and Engineering Inspection imparted by MITI, Haldwani.
(3.) The appellant was found not eligible for the reason that he does not possess two years course from NCVT. The High Court dismissed the writ petition filed by the appellant for the reason that three different courses undertaken by the appellant cannot be treated as equivalent to the qualification prescribed under the Rules.;


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