Akshay Kumar, PAWAN KUMAR, PARMOD KUMAR, Tigmanshu v. H. P. SUBORDINATE SERVICES SELECTION BOARD
2013-06-24
A.M.KHANWILKAR, KULDIP SINGH
body2013
DigiLaw.ai
JUDGMENT A.M.KHANWILKAR, J. 1. HEARD counsel for the parties. Admit. Counsel for the respondents waive notice. By consent, taken up for final disposal, as short question is involved. 2. IN all these petitions, the grievance is about non-issuance of provisional roll numbers to the concerned petitioners. By interim order, the Court directed the respondents to permit the petitioners to appear in the written examination held on 8th June, 2013. In response to the writ petition, the stand of the H.P. Subordinate Services Selection Board is that in each of these cases, the applicant had failed to disclose the details of subject passed by him/her in the graduation B.E./B.Tech./Diploma in Civil Engineering. In the context of this stand, the respondent-Board was called upon to produce the original forms filled by the concerned petitioners. The said forms have been produced before the Court. Each of this form has been rejected with the noting 'subject of essential qualification not mentioned'. However, what we find is that under the column 'subject passed', some of the candidates have mentioned 'theory' and 'practical', whereas, in some cases, it has been mentioned as all subjects of the concerned diploma. The question is whether non-mention of the subjects can be said to be essential qualification? The expression 'essential qualification' has been defined in clause 323, at page 10, which reads thus : "1. Essential Qualifications Post Code Educational and other Qualifications --------- ------------------------- ---------- ------------------------- 323 (i) Should have passed Matriculation or Higher Junior Engineer Secondary Part I or its equivalent from a (Civil) recognized Board/University. (ii) Diploma in Civil Engineering from an institution duly recognized by the H.P./Central Government. Desirable: Knowledge of customs, manners and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the State." 3. ON plain reading of the above, we have no manner of doubt that passing of the diploma in a particular subject has not been made as essential qualification. All that was required to be stated by the applicant, that he has passed diploma in Civil Engineering from an institution duly recognized by the H.P./Central Government. That fact has been stated in each of these applications. In other words, the reason recorded by the Authorized Officer of the Board for rejecting the concerned applications is untenable.
All that was required to be stated by the applicant, that he has passed diploma in Civil Engineering from an institution duly recognized by the H.P./Central Government. That fact has been stated in each of these applications. In other words, the reason recorded by the Authorized Officer of the Board for rejecting the concerned applications is untenable. As a result, we allow these petitions with direction to the respondent-Board to declare the results of the concerned petitioners, alongwith the results of other eligible candidates, on the assumption that the application filled in by them is in conformity with the requirements of the advertisement in question. 4. THE petitions are disposed of accordingly, so also the pending application(s), if any. Petitions are disposed.