DAYA CHAUDHARY,J. - (1.) The petitioner has approached this Court by way of filing the present Civil Writ Petition under Article 226 of the Constitution of India for issuance of an appropriate Writ declaring the action of the respondents in laying down different teaching/industrial experience for the same post in response to same advertisement dated 9.6.2013 being discriminatory and violative of Articles 14 and 16 of the Constitution of India. A further prayer has also been made to keep one post reserved for the petitioner during the pendency of the writ petition.
(2.) Briefly, the facts of the case are that respondent-Department issued a public notice/advertisement dated 9.6.2013 inviting applications from eligible candidates for recruitment to 135 posts of Service Providing Trainers in different Sectors like Agriculture Mechanic Sector, Automobile Sector, Chemical Sector, Food Processing Sector, Fabrication Sector, Refrigeration and Air Conditioning Sector etc. The qualification for the posts of Service Providing Trainers in all the aforesaid Sectors was Bachelor's Degree in Engineering/Diploma of the relevant field. Along with the academic qualification, teaching/industrial experience of two years was required in case of Degree holders and four years in case of Diploma holders in Agriculture Mechanic Sector, Automobile Sector, Chemical Sector, Food Processing Sector, Textile Sector, Construction Sector, Electrical Sector and Information Technology Sector. However, in Fabrication Sector, Refrigeration and Air-Conditioning Sector, Production and Manufacturing Sector, the teaching experience of 3 years in case of Bachelor's degree in Engineering and 5 years in case of diploma was required. It was also the stipulation in the notice/advertisement that the post of Service Providing Trainers was to be initially on contract basis for three years at a consolidated salary of L 30,113/- per month and the services were to be regularised subsequently as per Government policy on completion of three years service on contract basis.
(3.) The petitioner was possessing qualification of three years Polytechnic Diploma in Mechanical Engineering and was also working as Mechanical Instructor in YRS Polytechnic College, Moga since 14.8.2008. He was having teaching experience of 4 years, 10 months and 16 days in the field of Mechanical Engineering. The petitioner being qualified and eligible applied for the aforesaid posts but he was declared ineligible for competing on the ground that he was having less than five years teaching experience being Diploma holder.;