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2014 DIGILAW 55 (PNJ)

Ranjeet Singh v. Union of India & Others

2014-01-09

FATEH DEEP SINGH, HEMANT GUPTA

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Hemant Gupta, J. The challenge in the present writ petition is to order passed by Central Administrative Tribunal, Chandigarh Bench, Chandigarh on 8th February, 2013 in Review application No. 15 of 2011. The original application filed by the petitioner was dismissed on 14th January, 2010 whereby, the claim of the petitioner for appointment to the post of Fireman was declined. The petitioner challenged the said order of the Tribunal before this Court in CWP No. 12017 of 2010. The said writ petition remained unsuccessful vide order dated 12th July, 2010. The Court has observed that the document relied upon by the petitioner is an experience certificate issued in his favour by Fire Guard Engineers. 2. Subsequently, the petitioner filed review application before this Court so as to seek review of the order passed by this Court. The review was disposed of on 14th January, 2011 with the observations that it shall be open to the petitioner to avail appropriate remedy before the Tribunal as the documents sought to be produced before this Court were not produced either before the Tribunal or before this Court when the order was passed by this Court dismissing the writ petition. It is thereafter, the review application was preferred by the petitioner which was dismissed by the Tribunal vide order dated 8th February, 2013 impugned in the present writ petition. 3. Though, it is not necessary for us to go into the details in respect of eligibility of the petitioner for appointment to the post of Fireman but since the matter was argued with great vehemence by the learned counsel for the petitioner, we have examined the same. 4. The condition in the advertisement was that a candidate must have training from State Fire Service or any other recognised institute in fire fighting. The petitioner produced a certificate in support of his contention that he is eligible for appointment. A copy of the certificate is attached as Annexure P-1. It is to the following effect:-- This is to certify that Mr. Ranjeet Singh S/o. Sh. Motu Ram has attended Asstt. Security officer's/Security Supervisor's course on Industrial Security, Fire Safety and First Aid from 05 of Sept. 03 to 04 Dec. 2003 and having successfully completed is awarded this Diploma. 5. It is to the following effect:-- This is to certify that Mr. Ranjeet Singh S/o. Sh. Motu Ram has attended Asstt. Security officer's/Security Supervisor's course on Industrial Security, Fire Safety and First Aid from 05 of Sept. 03 to 04 Dec. 2003 and having successfully completed is awarded this Diploma. 5. It may be noticed that earlier, petitioner was called upon to produce certificate of his experience on or before 17th January, 2004 but on his request time was extended till 28th January, 2004. The so called certificate was furnished along with representation dated 28th January 2004, which was received by the respondents on 30th January, 2004. In such representation, the petitioner inter alia averred to the following effect:-- I beg to state that I am not holding training certificate in fire fighting issued by State Fire Service or Institute of repute. However, photo copy of experience certificate issued by Fire Guard Engineers is enclosed. 6. Since the petitioner was not offered appointment even consequent to his representation dated 28th January, 2004, the petitioner invoked the jurisdiction of Central Administrative Tribunal. 7. Learned counsel for the petitioner vehemently argued that similar qualifications, as possessed by the petitioner, are the qualifications possessed by the two other selected candidates namely Gurmukh Singh Ajnoha and Surjeet Singh mentioned at page Nos. 179-181 of the paper book. Therefore, the action of the respondents not to offer appointment to the petitioner is unfair and illegal. 8. A prima facie look on such certificates show that they are not identical with what has been produced by the petitioner. Certificate in respect of Gurmukh Singh Ajnoha is of six months training certificate in Fire Safety Engineering, whereas, Surjeet Singh obtained certificate for Firemen's Course of duration of six months. The certificate obtained by the petitioner is for three months course on Industrial Security, Fire Safety and First Aid. 9. Neither the petitioner furnished documents regarding his eligibility within time granted nor the petitioner has been considered eligible firstly by the Tribunal in its order dated 14th January, 2010, secondly, by this court in the writ petition. Even in the review application, the Tribunal has considered the documents and found that the petitioner is not eligible for appointment to the post of Fireman. In exercise of power of judicial review, the Court/Tribunal is to examine the decision making process. Even in the review application, the Tribunal has considered the documents and found that the petitioner is not eligible for appointment to the post of Fireman. In exercise of power of judicial review, the Court/Tribunal is to examine the decision making process. It cannot be said that the process adopted by the respondents is irrational or arbitrary. We do not find, at this stage, any case is made out for interference in the order passed by the Tribunal in review petition. Consequently, the present writ petition is dismissed.