Kuldip Singh Gill (Petitions) v. State Of Punjab And Ors. (S).

Bal Raj Tuli, J.:— The Department of Industrial Training Punjab, invited applications for 16 posts of Electrician, by advertisement which appeared in the Daily Tribune dated December 3, 1969. The requisite qualifications for the post were stated as under:—

1. Matric or its equivalent,

2. Diploma in Craftsmanship awarded by the Directorate General of Employment and Training under the Craftsmen Training Scheme and Displaced Persons Training Scheme prior to February, 1959.

National Trade Certificate awarded by the National Council for Training in Vocational Trades under the Craftmen Training Scheme.

2. Certificate of Apprenticeship awarded by

(a) The Directorate General of Employment and Training.

(b) National Council for Training in Vocational Trades under the National Apprenticeship Scheme, 1961,

3. Diploma in Mechanical/Electrical Engineering.

(3) Trained as Crafts Instructors from any of the Central Trebling Institute.

(4) Three years' teaching or Trade experience in the line preferably.

4. The petitioner possessed all the qualifications stated in the advertisement and applied for the post. He was not selected after the interview. Respondents 3 and 5 to 10 were selected. It has been stated by the petitioner that respondent No. 3 did not possess the requisite qualifications stated in the advertisement end was wrongly selected. Another vague allegation had been made that many selected candidates did not possess the necessary qualifications but no particulars thereof have been stated in the petition.

5. Written statement has been filed by respondent No. 2, in which the selection of respondents No. 3 and 5 to 10 and rejection of the petitioner by the Departmental Selection Committee have been justified.

6. In the return filed by respondent No. 1, it his been stated that the condition of C.T.I Central Training Institute training, as qualification in the advertisement had to he relaxed under the orders of the competent authority as it had been included erroneously. In a many trades C.T.I training did not even exist and in other trades, the C.T.I training had recently been started. Further, as per the qualifications and norms laid down by the Government of India, who controls the training policy of Craftmen Training Scheme, C.T.I training is not an essential qualification at the time of initial recruitment. Hence it was an error which was rectified later on under the order of the competent authority According to this return, the C.T.I training qualification was relaxed for the reasons given above. But admittedly no advertisement was issued stating that it was not necessary to possess that qualification or that the competent authority or the Selection Committee would have the right to relax any of the qualifications mentioned in the advertisement Admittedly, the petitioner possessed the qualification of C.T.I training and, therefore, it cannot be said that the persons possessing that qualification were not available. In the return it has also not been stated that the persons possessing that training in the Electrician trade were not available or that training was not being imparted in that trade. To me it appears that respondent No. 3, who did not possess the requisite qualifications, was selected es a matter of favoritism and for his sake the qualification was relaxed. As for lack as October 8, 1969. I had held in Atom Parkash Mohan v. Kurukshetra University, Kurukshetra, 1970 SLR 16, that:

“the act of the Selection Committee and the Vice Chancellor in relaxing the minimum qualification prescribed in the schedule 1 to the rules was thus arbitrary and without the authority of the rules. In fact, it was in contravention of the rules. On the basis of the advertisement inviting applications, respondent No. 5 could not have been selected.”

7. The learned counsel for respondent No. 2 relied on rule 8 of the Punjab Industries Department (State Service, Class III) Rules, 1967 which reads as under:—

(1) No person shall be appointed to the service, unless be possesses the educational and or technical qualifications prescribed for the posts by the appointing authority as shown in column 5 of Appendix A or in rule 9 below.

(2) No person, who has more than ore wife living, shall be eligible for appointment to the service, provided that Government may, if satisfied that there are special grounds for doing so, exempt any person from the operation of this provision:

Provided that, other things being equal, preference will be given in direct appointment only to a candidate who has himself worked for the cause of national independence or has rendered same outstanding social or public service:

Provided further that the Director may, in special circumstances to be recorded in writing, appoint to any post in the service any person who does not possess the qualifications prescribed for the post.

8. No relaxation can be granted when an advertisement has been issued inviting applications and persons possessing the qualifications advertised are available and submit their applications. If a relaxation has to be allowed, the advertisement should be issued again, so that all eligible persons, in view of the relaxation to be allowed, should be able to apply for the job. Once the qualifications have appeared in the advertisement inviting applications, those qualifications cannot be changed and the Selection hes to be made out of the candidates possessing those qualifications. Admittedly, in the present case, that principle was not kept in view and the relaxation of qualifications, was allowed. I, therefore, hold that the selection of candidates for Electrician posts held by the Departmental Selection Committee was not in accordance with the rules. I accordingly accept this petition with costs and quash the selections made by the Departmental Selection Committee. It will be open to the Department to issue another advertisement and then make, the necessary appointments. Counsel's fee Rs. 100/-.

9. Petition accepted.