- (1.) This writ petition is directed for the issuance of writ of mandamus directing the respondents to admit the petitioner to Part-time (Evening) Diploma Course in Electrical Engineering in the Session 1989-90 in Central Polytechnic, Chandigarh.
(2.) It is averred in the writ petition that the applications were invited by the respondents for admission to Part-time (Evening) Diploma Course in Electrical Engineering and the petitioner applied for admission and according to the merit list prepared, the name of the petitioner figured at serial No. 7. The petitioner was denied admission on the ground that he did not work as regular Electrician and was merely Helper Electrician in the Ballarpur Industries Ltd. from 12-6-1981 to 17-12-1985. The petitioners service as a Helper Electrician was not counted and therefore, for this reason, he was denied admission. The petitioner has produced the service certificate issued by Ballarpur Industries Ltd., vide Annexure P-4, and the character of the service certificate is not challenged by the respondents. The particulars mentioned in this certificate clearly show that the petitioner was appointed on 12.8-1981 on temporary basis and he was made regular on 1-10-1985, Simply because the petitioner was allotted the work of a Helper it cannot be said that he was not holding the appointment of an Electrician. The petitioner was fully qualified to perform the duties of an Electrician. Merely because the designation of the petitioner was Helper Electrician, it does not mean that, he does not hold the qualifications as Electrician. Annexure P-4 clearly shows that his appointment was temporary in nature. To my opinion, the respondents are clearly in error in not counting the petitioner's service from 12-8-1981, to 1-10-1985. As this is the sole ground on which the admission has been denied to the petitioner, I am clearly of the opinion that the petitioner has been denied admission wholly on extraneous ground. The action of the respondents is clearly arbitrary, unreasonable and contrary to Article (4) of the Constitution of India.
(3.) The learned counsel for the petitioner also challenged the method of admission to Part-time (Evening) Diploma Course in Electrical Engineering Course restricting it only to candidates who are employed in service. He submitted that this method of selection clearly runs contrary to recent rule laid down by the Supreme Court of India. I am, however, not going into the question of validity and procedure of the selection for the admission.;