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2003 DIGILAW 1270 (JHR)

Aman Sinku v. State Of Jharkhand

2003-11-05

P.K.BALASUBRAMANYAN, TAPEN SEN

body2003
ORDER 1. Heard counsel at length. 2. We are not satisfied that any interference is necessary with the decision of the learned Single Judge. First of all, we find that no effective relief can be granted to the appellants in the absence of the particular training Institute being impleaded in the writ petition. Secondly, we find that the stand adopted by the respondents was fully justified, since admittedly, the appellants did not have the requisite qualification for becoming commercial pilots, namely, 10+2 with Physics, Chemistry and Mathematics. Here admittedly the appellants did not study mathematics. The programme was to train tribal youths of the State as commercial pilots. It clearly shows that for becoming a commercial pilot one has to have 10+2 qualification with physics and mathematics. In other words physics and mathematics are compulsory. Since the appellants, admittedly, did not have the requisite qualification for becoming commercial pilots, it appears that the Tribal Welfare Commissioner rightly withdrew them from the training programme for commercial pilots. 3. Learned counsel for the appellants argued that Annexure I, the notification only showed the qualification as 10+2 or equivalent examination in Science subjects and mathematics is not shown as required. That may be so. But the fact remains that going by the relevant rules referred to by the authority, for becoming a commercial pilot, one has to have the qualification of 10+2 with mathematics and physics. All that can be said is that the office of the Tribal Welfare Commissioner, while issuing notifications of this nature, should have specified that the intending candidate should have 10+2 with physics and mathematics. The fact that the same was not specified in the notification cannot confer a right on the appellants to seek the commercial pilots licence without having the qualification prescribed therefor. It is also seen that going by the Rules of 1935, the educational qualification required for a commercial pilots licence is 10+2 with physics and mathematics. 4. The learned Single Judge has observed that the appellants may be offered training at the next programme, in case by that time, they acquire the qualification required. The appellants cannot have any complaint regarding this. 5. We may also notice that the appellants were assigned for this training programme some time in the middle of July and recalled in August as they did not possess the requisite qualification for the training programme. The appellants cannot have any complaint regarding this. 5. We may also notice that the appellants were assigned for this training programme some time in the middle of July and recalled in August as they did not possess the requisite qualification for the training programme. The training programme was of 18 months duration and it cannot also be said that the appellants have completed a substantial part of the training programme so as to warrant the exercise of the extra ordinary jurisdiction of this Court to grant them any relief. 6. We are therefore, satisfied that no interference is called for. We dismiss this appeal.