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Jharkhand High Court · body

2017 DIGILAW 670 (JHR)

Bharat Kumar Gupta, S/o Late Bishun Saw v. Bharat Coking Coal Ltd. (in Short BCCL) through its Chairman cum Managing Director

2017-04-11

SHREE CHANDRASHEKHAR

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Seeking a direction for his appointment to the post of Junior Technician(ECG)T&S Grade-D, the petitioner has approached this Court. 2. Heard. 3. Mr. Sudarshan Shrivastava, the learned counsel for the petitioner referring to the communication dated 25.04.2014 (vide Annexure-10) submits that rejection of the petitioner's candidature for appointment on the post of Junior Technician is apparently illegal. It is contended that ignoring the certificate of ECG experience produced by the petitioner, appointment to him has been declined on the ground that he did not submit the experience certificate, which would appear from the application form submitted by the petitioner, at the bottom of which the certificates produced by the petitioner has been mentioned. 4. The advertisement, which was issued on 26.03.2013 for appointment to various posts including, the post of Junior Technician (ECG), prescribed essential qualifications for appointment to the post. For the post of Junior Technician (ECG), the educational qualification prescribed was higher secondary(10+2)/Intermediate, and two years' experience certificate as ECG Technician in a hospital under a Cardiologist/Physician or in a reputed nursing home having ECG service under a Cardiologist/Physician was also required. The petitioner has pleaded that he has been working as ECG Technician in the Loyabad Hospital of BCCL for the last several years and he has been issued a certificate on 21.08.2004 in respect of his satisfactory service and knowledge of ECG. At this juncture itself, it needs to be pointed out that the advertisement was issued on 26.03.2013. The qualification of two years' experience certificate as ECG Technician would require experience as a regular ECG Technician in hospital/nursing home under a Cardiologist/Physician. May be, the petitioner is rendering assistance in the ECG department at Loyabad Hospital, his appointment was on the post of Mazdoor. The claim of the petitioner of two years' experience certificate as ECG Technician is not even supported by the experience certificates vide, Annexure 2 and Annexure 11. The petitioner who was appointed as Mazdoor has been working as Dresser and he rendered some assistance as ECG Assistant as and when required. Certifications dated 31.03.2003 and 21.08.2004 have rightly been ignored by the respondents. Since, this was not an experience certificate in terms of the advertisement dated 26.03.2013, the respondents have recorded that the petitioner did not furnish an experience certificate. Certifications dated 31.03.2003 and 21.08.2004 have rightly been ignored by the respondents. Since, this was not an experience certificate in terms of the advertisement dated 26.03.2013, the respondents have recorded that the petitioner did not furnish an experience certificate. Moreover, in absence of the requisite experience as ECG Technician, the petitioner cannot claim appointment on the post of Junior Technician (ECG), on a plea that his claim for appointment has been declined for an apparently wrong reason. 5. Finding no merit in the writ petition, it is dismissed.