Rahul Verma v. Himachal Pradesh Board Of School Education
2020-08-24
SANDEEP SHARMA
body2020
DigiLaw.ai
JUDGMENT Sandeep Sharma, J. - The petitioner, who has done his B.Tech in Electronics from recognized University, applied for the post of Computer Hardware Engineer pursuant to Notification/ Advertisement dated 21.7.2016 (Annexure A-3), issued by respondent No.1. Notification dated 21.7.2016 (Annexure A3) suggests that person, who intended to apply for the aforesaid post of Computer Hardware Engineer on contract basis should have possessed following qualification:- "Essential qualification (1) Should have passed 10+2 examination or its equivalent from a recognized Board/University. (2) B.E./B.Tech in Electronic from & telecommunication/I.T. a recognized University with atleast 5 years experience in computer Manufacturing/Maintenance Company or repute. (3) Preference will be given to candidate with M.Tech in Electronic Degree. Desirable Qualification Knowledge of customs, manner and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the Pradesh." 2. Precisely, the question which needs to be determined in the present proceedings by this Court is that whether respondent No.2, who was M.Tech in Electronic/I.T. could have been given preference over the petitioner despite her having no experience in Computer Manufacturing/ Maintenance Company of repute. 3. Having heard learned counsel representing the parties and perused the pleadings adduced on record by the respective parties, this Court finds that the petitioner besides possessing qualification of B. Tech in Electronic from recognized University, also possessed five years experience in Computer Manufacturing/Maintenance from Company of repute, whereas respondent No.2 though was M.Tech in Electronic, but was not having five years experience in Computer Manufacturing/Maintenance Company of repute at the time of applying for the post in question. 4. Mr. Diwakar Dev Sharma, learned counsel representing respondent No.1, while referring to condition No.3, contained in column of essential qualification, contends that since at the time of interview, respondent No.2 possessed degree of M.Tech in Electronic, she was rightly given preference over the petitioner, who apart from having Bachelor's degree had five years experience in Computer Manufacturing/ maintenance from the company of repute.
However, having carefully perused the essential qualification, as provided in notification dated 21.7.2016 (Annexure A-3), this Court is not inclined to accept the aforesaid submission made on behalf of respondent No.1 because essential qualification as prescribed in the notification/advertisement dated 21.7.2016, clearly reveals that candidate aspiring for the post of Computer Hardware Engineer on contract basis besides having B. Tech or M. Tech Degree in Electronic/I.T. should also possess five years experience in Computer manufacturing/maintenance from a company of repute. 5. Essential qualification, as has been taken note hereinabove, nowhere suggests that person aspiring for the post in question should possess one of the qualification as has been provided under the column of essential qualification of notification dated 21.7.2016. Having carefully perused condition with regard to essential qualification as contained in the advertisement, this Court is of the view that question of preference, if any, in terms of clause-3 of essential qualification would have arises when candidate claiming such preference was able to show that he/she is eligible to be considered for the post in question. Before claiming preference in terms of Clause-3, as provided in the column of essential qualification, candidate concerned is/was required to establish on record that he/she besides having B.Tech or M.Tech in electronic and I.T. from the recognized University, also possesses five years experience in Computer manufacturing/ maintenance from a company of repute. Otherwise also, condition contained in Clause-3 with regard to preference on account of candidates having M.Tech Degree would come in operation in case there were two candidates possessing degree of B.Tech/M.Tech alongwith five years experience in Computer Manufacturing/ Maintaining from a Company of repute. True, it is that in the case at hand, respondent No.2 was M. Tech, but since she did not possess requisite qualification i.e. five years experience, no preference ought to have been given to her over and above the petitioner on account of her being M. Tech in Electronic & Telecommunication, rather in that situation, it is only the petitioner, who besides having B. Tech Degree had also five years experience in Computer Manufacturing/Maintaining Company of repute, ought to have been considered over and above respondent No.2. 6.
6. In the case at hand, though respondent No.2, who was selected against the post in question was M.Tech in Electronic, but since she did not possess requisite qualification i.e. five years experience in Computer manufacturing/ maintenance from company of repute, she was not eligible to be considered against the post in question being ineligible candidate. 7. On the other hand, it stands duly established on record that petitioner at the time of interview was having Bachelor Degree in electronic and I.T. from recognized University with five years experience in Computer manufacturing/maintenance company of repute and as such, he ought to have been considered against the post in question instead of respondent No.2 being eligible candidate. 8. Consequently, in view of the above, the present petition is allowed. Selection and appointment of respondent No.2 against the post of Computer Hardware Engineer is quashed and set-aside. Since on the date of selection petitioner was eligible to be considered against the post in question, respondent No.1 is directed to offer appointment to him forthwith against the post in question, but it is clarified that petitioner shall be entitled to actual benefits from the date of his appointment in terms of instant judgment. Pending applications, if any, also stand disposed of.