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Rajasthan High Court · body

2015 DIGILAW 264 (RAJ)

SARVAGYA SHASTRY v. UNION OF INDIA

2015-01-29

PRAKASH GUPTA, SUNIL AMBWANI

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Judgment 1. We have heard learned counsels appearing for the parties. 2. This Special Appeal arises out of an interim order passed by learned Single Judge on 21.01.2015, by which, after admitting the writ petition, he has rejected the stay application on the ground that in view of the policy decision taken by the Oil and Natural Gas Corporation Limited (ONGC), to use the score of third party examination held by the Graduate Aptitude Test in Engineering(GATE) by IITs', it cannot be said that there is any infirmity in the advertisement in question. 3. The appellant has applied for appointment on the post of Assistant Executive Engineer (Drilling), in unreserved category, in pursuance to the advertisement No.5/2014(R&P) of the ONGC, for recruitment of Graduate Trainees. The advertisement provides for selections, for which the written test held in respect of an earlier advertisement No.1/2014(R&P) for recruitment of GTs, was cancelled. The recruitment of Graduate Trainees in Engineering and Geo-Sciences disciplines was declared to be made through GATE-2015, held by the IIT, Kanpur, as detailed in the advertisement. 4. The writ petition was filed challenging that GATE-2015, does not test the applicant in the subject of Petroleum Engineering, whereas a graduate degree in Petroleum Engineering is one of the qualifications for appointment on the post of Assistant Executive Engineer(Drilling). The eligibility criteria for the post of Assistant Executive Engineer(Drilling), as mentioned at Serial No.3 of the advertisement, is Graduate Degree in Mechanical Engineering/Graduate Degree in Petroleum Engineering. In Column 4 of the eligibility criteria, GATE subject & Code, however, gives only three options, namely Mechanical Engineering(ME), Engineering Sciences(XE), and Chemical Engineering(CH). 5. It is admitted in the affidavit filed on behalf of the IIT, Kanpur, that GATE-2015, does not include a test in the subject of Petroleum Engineering. It is also admitted that for appointment on the post of Assistant Executive Engineer(Drilling), the Graduate Degree in Petroleum Engineering, is one of the qualifications. The other qualification prescribed, is Graduate Degree in Mechanical Engineering. 6. Learned Additional Solicitor General has tried to explain that curriculum of GATE includes the subject studied by the appellant in the Graduate Degree in Petroleum Engineering, in the examination for Engineering Sciences(XE). He has tried to compare the subjects in Engineering Sciences(XE), with the subjects studied by the appellant in the Graduate Degree in Petroleum Engineering. 7. 6. Learned Additional Solicitor General has tried to explain that curriculum of GATE includes the subject studied by the appellant in the Graduate Degree in Petroleum Engineering, in the examination for Engineering Sciences(XE). He has tried to compare the subjects in Engineering Sciences(XE), with the subjects studied by the appellant in the Graduate Degree in Petroleum Engineering. 7. Prima facie, we are not satisfied, on the comparison of the subjects in the GATE examination for Engineering Sciences(XE) and the curriculum of the appellant in Graduate Degree in Petroleum Engineering, that GATE includes the subjects of Petroleum Engineering to test the ability of a candidate in the subject for selections. Once the qualification for Assistant Executive Engineer(Drilling) includes Graduate Degree in Petroleum Engineering in the combined examination for selecting the candidates, in view of the Board decision of ONGC, the candidate competing with the candidates, who have Graduate Degree in Mechanical Engineering, must get an opportunity, to be tested in the subject, in which he is qualified. 8. It is submitted that the appellant has filled in the application form for appearing in the GATE-2015 in Engineering Sciences(XE), for which the examination is scheduled for tomorrow i.e. 30.01.2015. 9. Having regard to the facts and circumstances, brought on record, as well as the discrimination which the appellant will prima-facie suffer in appearing in the examination, which is said to be equivalent in testing the efficiency of the appellant, who hold a Graduate Degree in Petroleum Engineering, we find it appropriate to protect his interest, with a direction that the last candidate in the category, in which the appellant has applied, for the post of Assistant Executive Engineer (Drilling), will be selected and appointed, subject to the result of the writ petition, which is still pending before learned Single Judge. The appointment letter of the last candidate, in the category of the appellant i.e. 'unreserved', for which 57 posts of Assistant Executive Engineer(Drilling) have been advertised, will carry a note that his/her appointment is subject to the result of S.B. Civil Writ Petition No.10376/2014- Sarvagya Shastry Vs. Union of India & Ors. 10. With the aforesaid observations, the Special Appeal is partly allowed, only to the extent of grant of interim orders. The writ petition may be decided finally by learned Single Judge in accordance with law, without being prejudiced by the interim orders.