Facts
The applicant applied for the post of Danger Building Workmen (DBW) in the Ordnance Factory under Advertisement No. 10201/11/0209/1718
Source reference: p. 7He possessed a National Trade Certificate (NTC) in "Process Plant Maintenance" and had completed modules in "Operator Chemical Plant"
Source reference: p. 2Although the applicant passed the written and trade tests, his candidature was rejected on 06.08.2020 because he did not possess the specific requisite qualification—an NTC/NAC in "Attendant Operator Chemical Plant" (AOCP) or "Process Plant Operator" (PPO)
Source reference: p. 8-9The applicant challenged this rejection, claiming his qualifications were equivalent to the required trades based on a 2016 Directorate General of Training (DGT) letter issued under the RTI Act regarding Railway Board recruitments
Source reference: p. 3, 5-6The respondents contended that the DGT clarified on 12.10.2018 that equivalence for the AOCP trade requires a specific two-year duration comprising Basic Training, Advance Module, and Specialized Module, which the applicant lacked
Source reference: p. 9-10Issues
1. Whether the applicant possessed the requisite educational qualifications as stipulated in the recruitment advertisement
Source reference: p. 112. Whether the Tribunal can exercise judicial review to declare the applicant's trade certificates as equivalent to the qualifications prescribed by the employer
Source reference: p. 15Law Applied
The court primarily applied the principle that the prescription of eligibility criteria and educational qualifications is the sole prerogative of the employer
Source reference: p. 18It relied on J. Ranga Swamy v. State of A.P., holding that courts cannot consider the relevance of qualifications for specific posts
Source reference: p. 16Under Guru Nanak Dev University v. Sanjay Kumar Katwal, equivalence is a technical academic matter that cannot be assumed without a specific order
Source reference: p. 16Furthermore, per Maharashtra Public Service Commission v. Sandeep Shriram Warade and Zahoor Ahmad Rather v. Sheikh Imtiyaz Ahmad, judicial review cannot expand the ambit of prescribed qualifications or decide equivalence, as these are matters for the recruiting authority and specialized bodies
Source reference: p. 16-17Reasoning
The Tribunal found that the recruitment advertisement explicitly required NTC/NAC in AOCP or PPO trades
Source reference: p. 9The applicant’s certificate in "Process Plant Maintenance" did not match the specific requirement
Source reference: p. 10The Tribunal noted that the 2016 DGT letter relied upon by the applicant was specific to the Railway Board and had not been adopted by the Ordnance Factory Board
Source reference: p. 14The court reasoned that every government department has the autonomy to set its own service conditions and qualifications based on the nature of the job
Source reference: p. 14Following the precedent that "equivalence" is a technical matter, the Tribunal held it lacked the expertise to determine if the applicant’s training was at par with the required AOCP trade
Source reference: p. 15-16Since the applicant failed to produce evidence that the respondents had officially recognized his certificates as equivalent for the post of DBW, the rejection was deemed legally sound
Source reference: p. 13-14Holding
The Tribunal dismissed the Original Application (OA), holding that the applicant did not possess the mandatory qualifications prescribed in the advertisement
The court answered both issues in the negative, concluding that authorities are duty-bound to strictly follow the educational qualifications stipulated in the recruitment notification and that the issue of equivalence falls outside the domain of judicial review
Source reference: p. 15, 19No relief was granted, and parties were left to bear their own costs
Source reference: p. 19Original Court PDF
BABI SAHUvsOrdnance Factory
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in