- (1.) THIS is an application questioning the decision of giving appointment to the private respondent as Assistant Manager in the Dock of Garden Reach Shipbuilders & Engineers Limited. It was alleged that the requisite rules and the procedures have been violated. The learned Counsel for the writ petitioner annexed the advertisement published by the respondent Garden Reach Shipbuilders and pointed out that for the aforementioned post, the required qualification as published in the Newspaper is Higher Secondary or equivalent and Ex-Shipwright from Indian Navy with 10 years experience as Shipwright. The main point which is raised for consideration in this writ petition is whether the Diploma obtained by the private respondent who was selected for appointment is equivalent to Higher Secondary degree.
(2.) THE learned Counsel appearing for the writ petitioner cited a decision in the case of Mohd. Sohrab Khan Vs. Aligarh Muslim University & Ors, reported in (2009) 1 SCC (L & S) 917 wherein the Hon 'ble Apex Court has come to a conclusion that after advertising educational qualification in a particular subject for the post of Lecturer in the University Polytechnic, the University could not appoint a person with qualification in Industrial Chemistry. It was submitted by the learned Counsel that the advertisement, which has prescribed the qualification, ought to have followed the same but in the instant case, a person who has obtained four years Diploma in Mechanical Engineering was selected contrary to the advertisement wherein it was published that the eligibility criteria is to have Higher Secondary degree or equivalent along with 10 years experience. It was further submitted that the Hon 'ble Supreme Court in that case set aside the appointment and referred for fresh selection. The learned Counsel has also referred the paragraph '26 ' of the aforesaid judgment. The paragraph '26 ' reads as follows; "The advertisement which was issued for filling up the post of Lecturer in Chemistry could not have been filled up by a person belonging to the subject of Industrial Chemistry when the same having been specifically not mentioned in the advertisement that a Master 's degreeholder in the said subject would also be suitable for being considered. There could have been intending candidates who would have applied for becoming candidate as against the said advertised post, had they known and were informed through advertisement that Industrial Chemistry is also one of the qualifications for filling up the said post. " Mr. Ghosh, learned Counsel appearing for the Garden Reach Shipbuilders authorities submitted that on the basis of a certificate issued by the Education Officer under Ministry of Education and Culture (Department of Education), they have treated the four years Diploma in Mechanical Engineering as equivalent to Higher Secondary degree. Mr. Ghosh submitted that on the basis of the certificate, the private respondent was selected.
(3.) MR . Ghosh further submitted that in view of the decision of the Hon 'ble Supreme Court in the case of Mohammad Shujat Ali & Ors. Vs. Union of India, reported in A.I.R. 1974 SC 1631 the respondents are entitled to act on the basis of the decision of the Government based on recommendation of an Expert body which possesses the requisite knowledge, skill and expertise for adequately discharging such a function, the Court, uninformed of relevant data and unaided by the technical insights necessary for the purpose of determination of equivalence, would not lightly disturb the decision of the Government. He submits that this Hon 'ble Court should not interfere with the decision of the respondent authorities. Mr. Banerjee, learned Counsel appearing for the private respondent submitted that the Diploma for four years which was granted by the Shipwright School being the Diploma in Mechanical Engineering is divided in two parts i.e. 2 + 2 and the first two years for Higher Secondary and the other two is for specialisation. He also produced a guideline from IGNOU and submits that under Clause 5 that four years Artificer Apprenticeship Training (Electrical) and four years Artificer Apprenticeship course in Ship Construction and Naval Architecture awarded by INS, Valsura and Ship-Wright School, Vishakapatnam recognised for direct admission to B.A., B.Com. Programmes.;