SANDEEP SINGH Vs. PUNJAB STATE POWER CORPORATION LIMITED AND OTHERS
LAWS(P&H)-2016-11-50
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 08,2016

SANDEEP SINGH Appellant
VERSUS
Punjab State Power Corporation Limited and Others Respondents

JUDGEMENT

Daya Chaudhary, J. - (1.) The prayer in the present writ petition is for issuance of a writ in the nature of certiorari for quashing of impugned order dated 11.07.2014 (Annexure P-12), whereby, the claim of the petitioner for appointment to the post of Assistant Engineer has been rejected. A further prayer has also been made for issuance of a writ in the nature of mandamus directing the respondents to appoint the petitioner on the post of Assistant Engineer against the reserved category as per result (Annexure P-5).
(2.) Briefly, the facts of the case as made out in the present writ petition are that the claim of the petitioner for appointment to the post of Assistant Engineer has been rejected on the ground that his degree of Bachelor of Engineering in Instrumentation is not according to the advertisement issued by the respondents as it was provided that the candidates should have possessed degree of Bachelor of Engineering in Instrumentation and Control. The petitioner applied in pursuance of advertisement dated 10.05.2012 as total 15 posts of Assistant Engineer Instrumentation and Control were to be filled up. As per advertisement, the requisite qualification was that a candidate should have possessed regular degree of Bachelor of Engineering in the discipline of Instrumentation and Control. The petitioner was possessing equivalent degree of Engineering and belonged to SC category, so he applied for the said post. Thereafter, he appeared in the written examination, which was held on 27.10.2013. A list of candidates for checking of documents was displayed. The name of the petitioner was at Sr. No.10 of said list. He secured 53 marks. A letter was issued to the petitioner seeking clarification with regard to his degree of Instrumentation and Control and other documents, which was duly responded by him. The petitioner also approached the Punjab Technical University, Jalandhar seeking clarification with regard to course curriculum of B.E. Instrumentation Engineering where after, it was clarified that the course curriculum of BE Instrumentation Engineering is equivalent to the course of BE Instrumentation and Control for the purpose of employment. All relevant documents were supplied by the petitioner along with clarification issued by the Punjab Technical University, Jalandhar. However, the degree of the petitioner was not considered equivalent to the degree required in the advertisement. The claim of the petitioner was not considered in spite of supplying all the documents. Thereafter, the petitioner approached this Court by way of filing CWP No.10983 of 2014, which was disposed of vide order dated 29.05.2014 with a direction to the respondents to consider the claim of the petitioner but in spite of directions issued by this Court, the case of the petitioner was not considered. Thereafter, a contempt notice was issued and thereafter, impugned order dated 11.07.2014 was passed, whereby, the claim of the petitioner was rejected on the ground that the petitioner did not have degree of Bachelor of Engineering in Instrumentation and Control. It was also mentioned that the petitioner had intentionally mentioned his qualification as Bachelor of Engineering in Instrumentation and Control instead of Bachelor of Engineering in Instrumentation.
(3.) The impugned order has been challenged by raising various grounds.;


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