Haritha G W/o Vishnu Das K G Haritha v. Union Of India
2025-03-19
D.K.SINGH
body2025
DigiLaw.ai
JUDGMENT : (D.K. SINGH, J.) Heard Mr P Raveendran learned Counsel for the petitioner, and Mr Sabu Geroge learned Standing Counsel for the Airports Authority of India. Facts 2. The petitioner applied for the post of Senior Assistant (Electronics) in the Airports Authority of India Southern Region, for which a notification for selection was issued on 20.12.2023. The petitioner has filed the present writ petition aggrieved by the non- inclusion of her name in the final select list despite, according to her, securing the top position in the written test. 3. According to the petitioner, she belongs to the Ezhava non-creamy layer category. She had submitted an online application claiming relaxation of age. The petitioner was issued the non-creamy layer certificate No.87941892 dated 19.08.2024 by Tahsildar, Kollam. A computer-based test was conducted on 17.03.2024 and the marks scored by the candidates were published. After the publication of the marks scored by the candidates, the Regional Executive Director, Southern Region, Airports Authority of India, Chennai, issued a communication dated 14.08.2024 to the petitioner to appear at the office with all necessary certificates for verification. A final list (provisional selection list for attending training) was published intimating the training at Civil Aviation Training College (CATC), Prayagraj with effect from 04.11.2024 of the candidates whose roll numbers were mentioned in the said list. 4. The petitioner’s roll number did not find a place in the said list of the candidates selected for training. According to the petitioner, she has two years of teaching experience in a Technical Institute recognized by the Government of India. Teaching experience in a technical institute with a lab is considered equivalent to technical experience. It is further submitted that in the earlier selections also, candidates with B. Tech and M. Tech with teaching experience were considered suitable for the post of Senior Assistant (Electronics), and they were appointed. The petitioner has stated the names of two persons who had similar experience of teaching who were appointed in the earlier selections for which notification was issued in the year 2018. 5. Thus, the petitioner prays for quashing Ext.P10 to the extent it excludes the petitioner and for a declaration that the petitioner is fully qualified and entitled to be included in the Ext.P10 list and to attend the training program. Petitioners’ submission 6.
5. Thus, the petitioner prays for quashing Ext.P10 to the extent it excludes the petitioner and for a declaration that the petitioner is fully qualified and entitled to be included in the Ext.P10 list and to attend the training program. Petitioners’ submission 6. The learned Counsel for the petitioner submits that the petitioner’s education qualifications are B. Tech from the University of Kerala, where she graduated in 2014, and an M. Tech from the APJ Abdul Kalam University in 2018. The petitioner is fully qualified for appointment to the post of Senior Assistant (Electronics) as per the qualifications prescribed in the notification dated 20.12.2023. 6.1 The learned Counsel for the petitioner has also drawn the attention of this Court that a similar notification was issued for the selection of Group-C posts in the North-Eastern region. The online application form in the said notification had the option to select qualification of Diploma/B. Tech which is not incorporated in the online form of the notification in question in the present writ petition. It appears that the Airports Authority does not have a uniform policy and prescription for the terms and conditions including qualifications and experience required for the post of Senior Assistant (Electronics). It is, therefore, submitted that the petitioner is fully qualified for appointment to the post of Senior Assistant (Electronics) and the rejection of her candidature despite her securing the top position in the written test is wholly arbitrary, illegal and unjustified. Furthermore, the petitioner should be declared as selected for the post of Senior Assistant (Electronics) and be sent for training. Respondent’s submission 7. The learned Counsel appearing for the Airports Authority of India has submitted that the Regional Headquarters, Southern Region of the Airports Authority of India invited online applications for filling up the 25 posts of Senior Assistant (Electronics) vide notification dated 20.12.2023. The reservations were as follows: 13 posts were unreserved, 2 posts were for economically weaker sections, 4 posts were for OBC (NCL), 4 posts were for Scheduled Castes, 2 posts were for Scheduled Tribes and 3 posts were for Ex-servicemen (Horizontal Reservation). 7.1 The essential qualification and experience criteria for the above post, as per the gazette Recruitment and Promotion Guidelines- 2020, are as follows: Diploma in Electronics/ Telecommunication/ Radio Engineering with two years’ experience in the concerned discipline.
7.1 The essential qualification and experience criteria for the above post, as per the gazette Recruitment and Promotion Guidelines- 2020, are as follows: Diploma in Electronics/ Telecommunication/ Radio Engineering with two years’ experience in the concerned discipline. The selection process was to be conducted in two phases: Phase-1 was Computer Based Test (CBT) and Phase-2 was document verification. Altogether, 369 candidates appeared for the Computer-Based Test, and 301 candidates qualified for the Computer-Based Test. The qualifying marks for Unreserved, EWS and OBC were 50 marks and for SC/ST, they were 40 marks. The Airports Authority of India published the scores of all candidates on its website on 04.06.2024. 8. It is further submitted that as per the policy guidelines issued by the Corporate Headquarters of the Airports Authority of India dated 11.03.2024, the number of candidates to be called for the second stage of the selection process for the post of Senior Assistant (Electronics) was 1.5 times the number of vacancies for each category. Accordingly, 37 candidates were shortlisted and called for document verification on 28.08.2024. The candidates who had qualified in the Computed-Based Test and were successful in document verification were considered eligible for selection to the post of Senior Assistant (Electronics). 9. A three-member Screening Committee, as per Headquarters Circular No.03/2022 dated 13.01.2022, was constituted to evaluate the documents of the shortlisted candidates, which would include two years of post-qualification experience in the concerned discipline, i.e., in the field of Electronics/ Telecommunication/ Radio Engineering. On successful completion of the document verification and as per the merit as well as the reservation, the final list of 25 eligible candidates selected for the post was published on the Airports Authority of India website on 08.10.2024. 10. The petitioner submitted the experience certificate issued by M/s AMET Illam of Technologies, Kollam, Kerala for the period from 01.07.2013 to 31.07.2015. The Certificate would read as under: TO WHOMEVER IT CONCERN This is to certify that Miss Haritha G had worked in our institute as Instructor in Electronics and Communication branch from 1 st July 2013 to 31 st July 2015. Her conduct and character are Good. This certificate is being issued on her resignation from our institute for higher studies. Sd/- Date: 31/07/2015 Yours sincerely, Place: Kollam Director Discussion and Analysis 11.
Her conduct and character are Good. This certificate is being issued on her resignation from our institute for higher studies. Sd/- Date: 31/07/2015 Yours sincerely, Place: Kollam Director Discussion and Analysis 11. The question in this writ petition is whether the experience certificate submitted by the petitioner, showing her experience as an ‘Instructor,’ is sufficient to consider her eligible for appointment to the post of Senior Assistant (Electronics). 12. The duties, responsibilities and the job profile for the post of Senior Assistant (Electronics) are extracted hereunder: “Assist in various installations of important CNS/ATM equipment such as VHF Transmitters and Receivers, Digital Voice Recorders, VCS, DATIS, Walkie Talkie Equipment, Navigational Aids such as NDB, ILS, DVOR/DME and Surveillance Equipment like Primary and Secondary Radars, ADS-B Receivers, ASMGCS and Automation systems, field readings of ILS and Antenna maintenance activities. They also assist in the installation of new CNS equipment and the replacement of faulty equipment like Transmitters, Receivers, CCTV and Access Control Systems, Navaids, Radar, AHCR, etc., which are crucial for smooth Aircraft movements, including safe landing and take-off directly involved with the safety of passengers”. The petitioner has not produced any cogent and credible documents in support of her submission that teaching experience in a Technical Institute with a lab is equivalent to the technical experience required for the present post. 13. The candidates the petitioner cited from the earlier recruitment conducted in 2018-19 are also of no help to her inasmuch as the candidate considered in that selection was an Assistant Professor, and the experience of an Assistant Professor was considered qualified and valid experience for the post. 14. Further, the petitioner cannot compare the present recruitment process with the previous recruitment process as many policies and procedures have been modified/updated with the growing demands in the Civil Aviation sector and technological advancements in communication/navigation systems, in particular. As a measure of systematic improvement, new policies were introduced in the year 2022, which include constituting a Screening Committee for determining the eligibility of the candidates and verification of the documents/certificates, including the experience certificate. 15. Even otherwise, the candidates selected in pursuance of the advertisement issued in 2018 possessed experience as ‘Assistant Professors’, whereas the petitioner possessed experience as an ‘Instructor’. An Instructor and an Assistant Professor in Engineering College are different and distinct and have different responsibilities and duties.
15. Even otherwise, the candidates selected in pursuance of the advertisement issued in 2018 possessed experience as ‘Assistant Professors’, whereas the petitioner possessed experience as an ‘Instructor’. An Instructor and an Assistant Professor in Engineering College are different and distinct and have different responsibilities and duties. It is, therefore, held that once the petitioner does not have the requisite experience in the relevant field, her experience certificate has rightly been not considered to be eligible for the post of Senior Assistant (Electronics), and hence, her candidature has been rejected. Conclusion 16. In view thereof, this Court is of the view that an experience certificate as ‘Instructor’ is not a valid experience required for the post of Senior Assistant (Electronics). Hence, the petitioner is not entitled to the reliefs as sought in this writ petition. Thus, the writ petition fails, which is hereby dismissed. All Interlocutory Applications regarding interim matters stand closed.