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2018 DIGILAW 216 (JK)

Eshan Pandita v. State of J&K

2018-04-10

DHIRAJ SINGH THAKUR

body2018
JUDGMENT : 1. It appears that the J&K Services Selection Board pursuant to advertisement notification No. 01 of 2012 dated 19.07.2012 conducted a selection process, inter alia, for the post of Junior Engineer (Mechanical) Grade–II, Divisional Cadre, Kashmir. The qualification prescribed in the said notification for the post of Junior Engineer (Mechanical), Grade-II reads as under:- “3 years Diploma in Mechanical Engineering from Govt. recognized Institute/Indian University Degree in Mechanical Engineering or AMIE Section (A&B). Note:- Indian University Degree/three years diploma from Govt. recognized Institute in Aeronautical/Automobile Production Engineering shall be considered as equivalent to Degree/Diploma in Mechanical Engineering respectively.” 2. The aforesaid prescribed qualification is in line with the qualification prescribed under the Jammu & Kashmir Engineering Subordinate Service Recruitment Rules, 1997. 3. The petitioner has to his credit a degree in Production Engineering. Having considering himself eligible, the petitioner applied for the said post and was called for written test as well as the interview and the name of the petitioner figured at Sr. No. 19 of the select list. 4. It appears that the respondents, i.e., J&K Services Selection Board did not recommend the name of the petitioner for appointment on the ground that he was ineligible, inasmuch as he did not possess a degree in “Automobile Production Engineering”. 5. The case set up by the petitioner is that there is no Engineering degree in “Automobile Production Engineering” given by any institute in the country. It was urged that while separate degrees are awarded in Automobile Engineering, Production Engineering was a separate degree altogether and such a degree was never given in combination, as was otherwise prescribed under the rules. 6. It was stated that in fact while framing the rules, the rule makers should have specifically identified Production Engineering as a separate degree other than Automobile Engineering, whereas it has been reflected as one. It was further stated that it was impossible for anybody in the country or elsewhere in the world to acquire this degree and, therefore, that the Board would never find an eligible candidate with the prescribed degree in Automobile Production Engineering. 7. It appears that the respondents, with a view to clarify this issue sought an opinion from various quarters including the Chief Engineer, Mechanical Engineering Department, Kashmir. 7. It appears that the respondents, with a view to clarify this issue sought an opinion from various quarters including the Chief Engineer, Mechanical Engineering Department, Kashmir. The said Chief Engineer vide communication dated 27.03.2015 addressed to the Commissioner/Secretary to Government, PW (R&B) Department, Civil Secretariat, Jammu clarified after examining the syllabi offered by different universities under reference courses B.E. (Production-Sandwich), B. E. (Production-Engineering) & B.E. (Mechanical-Sandwich) and opined that all the branches revolved around the Mechanical Branch and hence could be considered for the post of Junior Engineer (Mechanical). 8. It appears that the Special Secretary to Government, also obtained a clarification from the Deputy Registrar (Academic), Rashtrasant Tukadoji Maharaj Nagpur University, who clarified that the degree of B.E. (Production Engineering) offered by the said university was equivalent to B.E. (Mechanical Engineering) for purposes of employment. The Government on its own also appears to have got the matter examined through a Committee headed by the Development Commissioner (Works) constituted vide Government Order No. 229-PW(R&B) of 2016 dated 04.08.2016. The said committee recommended as under:- “May consider recommendations of committee in respect of Production Engineering wherein the committee in respect of Production Engineering wherein the committee has recommended for making necessary corrections substituting with (/) after the word “Automobile” in the recruitment rules thereby clearly indicating that Automobile and Production Engineering are separate degrees and shall be considered as equivalent to degree/diploma in Mechanical Engineering respectively and inform the J&K SSB accordingly. Further for inserting (/) after the word “Automobile”, the matter may be taken up with ARI & Trainings Department for making necessary corrections separately.” 9. From the material available on the record, it thus appears to be clear that even the Government considers the degree in Production Engineering as separate and independent from the degree in Automobile Engineering. It also appears that in the rules, a slash (/) should have normally figured after the word “Automobile”, for which a recommendation has since been made. In any case, it is clear that the petitioner does possess a degree in Mechanical Engineering, as has been clarified not only by the parent University of the petitioner but even as per the recommendations made by the Committee. In any case, it is clear that the petitioner does possess a degree in Mechanical Engineering, as has been clarified not only by the parent University of the petitioner but even as per the recommendations made by the Committee. The petitioner could not have been expected to produce a degree for proving his eligibility as regards qualification, when no such degree as degree in “Automobile Production Engineering” could have ever been issued by any university in the Country. Lex Non Cogit Ad Impossibilia is a famous maxim, which can aptly be applied in the present case. 10. Having considered the entire matter, in my opinion, the petitioner has established a prima facie case in his favour. Since the selection pertains to the year 2012, further delay can cause serious prejudice to the interest of the petitioner. 11. Heard. Admit. 12. The operation of the order impugned dated 17.08.2015 is stayed. The respondents shall consider the petitioner as eligible and process his case for appointment. The Services Selection Board shall make appropriate recommendations in favour of the petitioner to the Government for appointment within a period of one week from the date, a certified copy of this order is served upon him through the petitioner. The Government shall issue appointment order in favour of the petitioner within ten days’ thereafter, which shall be subject to outcome of the present petition. 13. List again on 28.05.2018. 14. Copy of this order be served upon the respondents through the petitioner, who is present in person.