- (1.) HEARD learned counsel for the parties.
(2.) THE petitioner is aggrieved against the order dated 13th April, 2009 passed by the Central Administrative Tribunal, Patna Bench, Circuit Bench at Ranchi, in O.A No.69 of 2008, by which it has been held by the learned Tribunal that the applicantrespondent no.2, who is holding certificate of Diploma in Instrumentation and Control Engineering from the Institute of Engineering & Rural Technology, Allahabad, has requisite qualification as prescribed in Employment Advertisement dated 17th March, 2007, which was modified by Annexure � 3 by which Diploma in Electrical/Electronics has been included as requisite qualification for employment on the post of Assistant Loco Pilot. The Tribunal relied upon the certificate issued by the All India Council For Technical Education (for short A.I.C.T.E) dated 12th December, 2008, wherein it has been clearly mentioned that 3year Diploma in Instrumentation & Control Engineering may be treated as equivalent to 3year Diploma in Electrical/Electronics for the purpose of employment in Industry only. Learned counsel for the appellant vehemently submitted that the advertisement is very clear and it has been mentioned therein that the candidate will be eligible only if he is possessing Diploma in Electrical Engineering or Electronics Engineering and it is not mentioned therein that the candidate possessing Diploma in Instrumentation and Control Engineering will be eligible. It is submitted that possessing Diploma of one in Instrumentation and Control Engineering visavis Diploma in Electrical and Electronics Engineering are entirely different. It is further submitted that separate subjects are taught by the Colleges and Institutes which give Diploma in those trades and therefore, the applicantrespondent no.2 initially misled the appellant by mentioning his qualification as "Diploma in Instrumentation and Electronics" and because of this reason, his case was taken for further processing but when his documents were verified, then it was found that he was not possessing requisite qualification of 3year Diploma in Electrical or Electronics Engineering and therefore, the appellant has not committed any mistake in denying employment to the applicant respondent no.2. Learned counsel for the respondent no.2 vehemently submitted that the equivalance has been decided by A.I.C.T.E, conveyed, vide Annexure � F annexed to supplementary counter affidavit dated 12th December, 2008 that 3year Diploma in Instrumentation & Control Engineering may be treated as equivalent to 3year Diploma in Electrical/Electronics for the purpose of employment in Industry only.
(3.) LEARNED counsel for the respondent no.2 also pointed out that one of the employees, who possessed similar qualification as that of the respondent no.2, also has been given appointment by the respondents themselves and therefore, the respondents have accepted that the said qualification is the requisite qualification. We considered the submissions of the learned counsel for the parties and perused the Advertisement, a copy of which has been placed on record as Annexure � 1, the certificate issued by A.I.C.T.E dated 12th December, 2008 and the reasons given by the Tribunal.;