Facts
The applicant sought recruitment for the post of "Moulder" at the Indian Ordnance Factories, Jabalpur
Source reference: p. 2He had completed training in the Moulder trade from ITI Bhilai in 2010
Source reference: p. 2However, the National Trade Certificate issued to him on 06.03.2018 designated his trade as "Foundryman" instead of "Moulder"
Source reference: p. 2The State Board of Examination clarified via certificate dated 25.01.2019 that the Government had renamed the "Moulder" trade to "Foundryman" since 2014
Source reference: p. 3Despite this, the respondents rejected the applicant's candidature on 08.06.2019 on the grounds that he did not possess a certificate specifically in the "Moulder" trade
Source reference: p. 3The applicant challenged this rejection, citing precedents where the two trades were held to be equivalent
Source reference: p. 3Issues
1. Whether the National Trade Certificate/National Apprenticeship Certificate in the "Foundryman" trade is equivalent to the "Moulder" trade for the purpose of recruitment
Source reference: p. 3/42. Whether the rejection of the applicant’s candidature due to the change in nomenclature of the trade was legally sustainable
Source reference: p. 3/5Law Applied
The Tribunal applied the principle of res integra, noting that the legal controversy regarding the equivalence of the "Foundryman" and "Moulder" trades had already been settled by judicial precedent
Source reference: p. 3It specifically relied on the decision of the Principal Bench of the CAT in Aman Ors. v. Union of India Ors. (OA No. 949/2021), which was subsequently affirmed by the Hon’ble High Court of Delhi in W.P. No. 13619/2023
Source reference: p. 3These precedents established that "Foundryman" is merely a renamed version of the "Moulder" trade and must be treated as equal for recruitment purposes
Source reference: p. 4Reasoning
The Tribunal observed that the facts of the present case were identical to those in the Aman case
Source reference: p. 3It noted that the Government of India had officially changed the nomenclature of the trade from Moulder to Foundryman in 2014
Source reference: p. 3Therefore, insisting on a certificate with the old trade name ("Moulder") after the official name change was oridained to be an error of form over substance.
Source reference: no citationThe Bench maintained that since the subject matter and the sought relief were identical to the precedent, there was no reason to deviate from the established judicial view that NAC in Foundryman is equal to NAC in Moulder
Source reference: p. 4Consequently, the respondents' act of cancelling the candidature despite valid certification of the name change was found to be unjustified
Source reference: p. 5Holding
The Tribunal allowed the Original Application and quashed the impugned order of rejection
It held that the certificate in the "Foundryman" trade is equivalent to the "Moulder" trade.
Source reference: p. 5The respondents were directed to reconsider the applicant’s case for appointment to the post of Moulder within 90 days of the receipt of the order
Source reference: p. 5No costs were awarded
Source reference: p. 5Original Court PDF
Neeraj KumarvsM/o Defence
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