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Judgment
,,,,,,,
Heard Mr. Rajendra Krishna, learned counsel for the petitioners and Mr. Mukesh Kumar Sinha, learned counsel for the respondents.",,,,,,,
These writ petitions have been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation,,,,,,,
arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter,,,,,,,
has been heard.,,,,,,,
In all these writ petitions, common question of law is involved that is why all these writ petitions have been heard together.",,,,,,,
W.P. (S) No.6172 of 2017,,,,,,,
The petitioner has preferred this writ petition for direction upon the respondents to appoint the petitioner on the post of Junior Line Man in the,,,,,,,
category of EBC-I. Further prayer is for direction upon the respondents to provide additional point at the rate of 1.5 marks for every six months of,,,,,,,
working experience. The prayer is also made to provide all consequential benefits.,,,,,,,
The petitioner has passed matriculation examination and thereafter obtained National Trade Certificate from Industrial Training Centre, Ranchi. The",,,,,,,
petitioner was orally appointed to work the functioning of Switch Board Operator on daily wage basis from 01.04.2012. Since then the petitioner is,,,,,,,
discharging his duty as Switch Board Operator. The petitioner was paid wages directly through Electric Supply Division, Sahibganj and to that effect, a",,,,,,,
certificate for payment to the petitioner has been issued by the Electrical Executive Engineer, Electric Supply Division, Sahibganj on 26.12.2016 in",,,,,,,
which it has been categorically stated that the petitioner is working as Switch Board Operator from 01.04.2012 till date. The petitioner was paid daily,,,,,,,
wages directly through Electric Supply Division, Sahibganj and to that effect a certificate for payment to the petitioner has been issued by the",,,,,,,
Electrical Executive Engineer, Electric Supply Division, Sahibganj. The petitioner comes under EBC-I category. A certificate to that effect has been",,,,,,,
brought on record as Annexure-4 issued by the Sub Divisional Officer, Sahibganj. The petitioner is working under Jharkhand Bijli Vitran Nigam",,,,,,,
Limited (Electrical Executive Engineer, Electric Supply Division, Sahibganj) as Switch Board Operator (SBO) on daily wages basis. Jharkhand Uraj",,,,,,,
Vitran Nigam Limited has floated Employment Notification No.03/2016 through its official website for appointment on various posts including the post,,,,,,,
of SBO Grade-II, Junior Line Man, Fitter Grade-II along with other posts.",,,,,,,
W.P. (S) No.6167 of 2017,,,,,,,
The petitioner has preferred this writ petition for direction upon the respondents to appoint the petitioner on the post of Junior Line Man in the,,,,,,,
category of Schedule Tribe (ST). Further prayer is for direction upon the respondents to provide additional point at the rate of 1.5 marks for every six,,,,,,,
months of working experience. The prayer is also made to provide all consequential benefits.,,,,,,,
The petitioner has passed matriculation examination and thereafter obtained National Trade Certificate from Industrial Training Centre, Ranchi. The",,,,,,,
petitioner comes under the category of Schedule Tribe and to that effect a certificate has been issued by the Sub Divisional Officer which is annexed,,,,,,,
as Annexed as Annexure-2 this writ petition. The petitioner applied for his appointment on the post of SBO on 28.06.2012 and he was appointed to,,,,,,,
work on the said post and he started working as SBO in Power Sub Station, Sitapahar and thereafter the petitioner was sent to Barhait Power Station",,,,,,,
(PSS) where the petitioner has worked. Experience certificate has been issued to the petitioner by the Electrical Executive Engineer, Electric Supply",,,,,,,
Division, Sahibganj showing the working of the petitioner in between 1. 08.2012 to 26.11.2013 as SBO in Barhait PSS. The petitioner has been paid",,,,,,,
wages during the period he has worked as daily wages basis and to that effect the Certificate has been issued on 26.12.2016. The petitioner is,,,,,,,
working under Jharkhand Bijli Vitran Nigam Limited (Electrical Executive Engineer, Electric Supply Division, Sahibganj) as Switch Board Operator",,,,,,,
(SBO) on daily wages basis. Jharkhand Uraj Vitran Nigam Limited has floated Employment Notification No.03/2016 through its official website for,,,,,,,
appointment on various posts including the post of SBO Grade-II, Junior Line Man, Fitter Grade-II along with other posts.",,,,,,,
W.P. (S) No.6183 of 2017,,,,,,,
The petitioner has preferred this writ petition for direction upon the respondents to appoint the petitioner on the post of Junior Line Man in the,,,,,,,
category of Schedule Tribe (ST). Further prayer is for direction upon the respondents to provide additional point at the rate of 1.5 marks for every six,,,,,,,
months of working experience. The prayer is also made to provide all consequential benefits.,,,,,,,
The petitioner has passed matriculation examination and thereafter obtained National Trade Certificate from Industrial Training Centre, Dumka. The",,,,,,,
petitioner has passed Apprenticeship Examination/Test and to that effect a certificate has been issued by the State Apprenticeship Advisor. The,,,,,,,
petitioner comes under the category of Schedule Tribe and to that effect a certificate has been issued by the Deputy Commissioner, on 09.08.2016.",,,,,,,
The petitioner has applied on 01.10.2010 for his appointment and he was appointed on the said post. The petitioner was engaged to work as unskilled,,,,,,,
Khalasi (Helper) in 33/11 KV Power Sub Station, Kundahit under Electric Supply Sub Division, Mihijam and to that effect a certificate has been",,,,,,,
issued on 20.06.2017. The petitioner has worked as daily wages and to that effect a certificate has been issued on 26.12.2016 from Electrical,,,,,,,
Executive Engineer, Electric Supply Division, Jamtara. The petitioner is working under Jharkhand Bijli Vitran Nigam Limited (Electrical Executive",,,,,,,
Engineer, Electric Supply Division, Sahibganj) as skilled Khalasi on daily wages basis. Jharkhand Uraj Vitran Nigam Limited has floated Employment",,,,,,,
Notification No.03/2016 through its official website for appointment on various posts including the post of SBO Grade-II, Junior Line Man, Fitter",,,,,,,
Grade-II along with other posts.,,,,,,,
W.P. (S) No.6203 of 2017,,,,,,,
The petitioner has preferred this writ petition for direction upon the respondents to appoint the petitioner on the post of Junior Line Man in the,,,,,,,
category of EBC-I. Further prayer is for direction upon the respondents to provide additional point at the rate of 1.5 marks for every six months of,,,,,,,
working experience. The prayer is also made to provide all consequential benefits.,,,,,,,
The petitioner has passed matriculation examination and thereafter obtained National Trade Certificate from Industrial Training Centre, Ranchi. The",,,,,,,
petitioner comes under category EBC and a caste certificate has been issued by the Sub Divisional Officer, Dumka on 27.07.2016. The petitioner has",,,,,,,
applied for appointment on the post of Unskilled Labour on 27.10.2010 and he has been appointed to work and the petitioner has started working as,,,,,,,
Unskilled Labour in Power Sub Station, Ranishwar. The petitioner has been appointed as Unskilled Labour and a certificate to that effect has been",,,,,,,
issued to the petitioner on 29.12.2016 meant for awarding wages under Sadipur Power Sub Station, Dumka. The petitioner is working under Jharkhand",,,,,,,
Bijli Vitran Nigam Limited (Electrical Executive Engineer, Electric Supply Division, Sahibganj) as Unskilled Labour on daily wages basis. Jharkhand",,,,,,,
Uraj Vitran Nigam Limited has floated Employment Notification No.03/2016 through its official website for appointment on various posts including the,,,,,,,
post of SBO Grade-II, Junior Line Man, Fitter Grade-II along with other posts.",,,,,,,
Group Technical Staff,,,,,,,
7),Asstt. Operator Total 41 seats,,,,,,"Should possess trade Certificate as
Electrician from an ITI and shoul
have experience of at least one year
in the job post qualification.
Candidates with higher qualification
may also apply for this post only.
,UR,"EBC-
I",BC-II,SC,ST,Total,
,18,03,02,03,15,41,
,"Pay scale: Rs.5200-20200 & Grade
pay Rs.3000",,,,,,
8),SBO Gr.-II Total 228 seats,,,,,,"Should possess trade Certificate as
Electrician from an ITI and shoul
have experience of at least one year
in the job post qualification.
,UR,"EBC-
I",BC-II,SC,ST,Total,
,100,16,14,20,78,228,
,"Pay scale: Rs.5200-20200 & Grade
pay Rs.2700",,,,,,
9),Jr. Line Man Total 215 seats,,,,,,"Should have passed suitable trade
course as Electrician/Wireman from
a recognized ITI and possess at least
one year in the job post qualification.
,UR,"EBC-
I",BC-II,SC,ST,Total,
,103,16,12,20,64,215,
,"Pay scale: Rs.5200-20200 & Grade
pay Rs.2700",,,,,,
10),Fitter Gr.-II Total 09 seats,,,,,,"Should possess Certificate from an
ITI in the trade Fitter and must have
at least six months experience in the
job post qualification.
,UR,"EBC-
I",BC-II,SC,ST,Total,
,04,01,00,01,03,09,
,"Pay scale: Rs.5200-20200 & Grade
pay Rs.3000",,,,,,
(Experience certificate is required to be issued by drawing & disbursing offices competent officer/authority not below the rank of Executive,,,,,,,
Engineer.),,,,,,,
For calculation of years/months of experience the period of consideration shall be in between 01.01.2007 to 01.12.2016. Maximum extent of,,,,,,,
experience weightage of 15 marks & age relaxation of 5 Years (60 months) shall only be applicable.,,,,,,,
Final merit list shall be prepared by the summation of scores of PnP test and experience preference weightage score for selection of candidate,,,,,,,
category wise above advertised posts at SI (7) to (10).,,,,,,,
On perusal of prescribed qualification, it is clear that trade certificate as Electrician from ITI is required and experience of at least one year job",,,,,,,
post qualification was required. So far prescribed qualification is concerned, experience of at least one year is clearly stated in the prescribed",,,,,,,
qualification. So far as experience preference is concerned, it has been stated that weightage for their post qualification working experience on the",,,,,,,
post advertised by providing weightage of 1.5 marks for each 6 months period of services subject to a maximum of 15 marks shall be considered.,,,,,,,
How the certificates are required to be submitted, that has also been explained in the experience preference. It is an admitted position that the",,,,,,,
petitioner while filling of the Form has disclosed the period mandatory experience date of 22.04.2013 and the respondents have accordingly calculated,,,,,,,
the experience certificate from 22.04.2013. Thus, there is an own admission of the petitioners by way of filling up the Form. Working certificate",,,,,,,
comes w.e.f. from the date 22.04.2013. On the simple reading of the prescribed qualification, it is clear that one year experience is required and the",,,,,,,
petitioner has already admitted in his Form that his one year experience count to date 22.04.2013. From the simple reading of qualification, it transpires",,,,,,,
that that condition is there. In view of well settled provision of law, the Court is required to look into to read it in terms of the advertisement and comes",,,,,,,
to literal meaning. The respondents is author of the advertisement and they are the best person to consider what they meant by using experience,,,,,,,
preference. However, as quoted above, one year qualification is required as disclosed in the qualification and the petitioner himself has admitted in",,,,,,,
filling his Form that his experience start from the date 22.04.2013. Reference in this regard may be made in the case of Medical Council of India v.,,,,,,,
Sarang & Others reported in (2001) 8 SCC 427 in which the Hon’ble Apex Court held as under:,,,,,,,
“6. In matters of academic standards, courts should not normally interfere or interpret the rules and such matters should be left to the experts in the",,,,,,,
field. This position has been made clear by this Court in University of Mysore v. C.D. Govinda Rao, State of Kerala v. Kumari T.P. Roshana and",,,,,,,
Shirish Govind Prabhudesai v. State of Maharashtra. The object of the said Regulation appears to be that although the course of study leading to the,,,,,,,
IInd professional examination is common to all medical colleges, the sequence of coverage of subjects varies from college to college. Therefore, the",,,,,,,
requirement of 18 months of study in the college from which the student wants to appear in the examination is appropriately insisted upon. Migration is,,,,,,,
not normally allowed and has got to be given in exceptional circumstances. In the absence of such a stipulation as contained in Regulation 6(5), it is",,,,,,,
clear that the migrated student is likely to miss instruction and study in some of the subjects, which will ultimately affect his academic attainments.",,,,,,,
Therefore, the strained meaning given by the High Court, which actually changes the language of Regulation 6(5), is not permissible. Thus we",,,,,,,
disagree with the view taken by the High Court and state that the correct interpretation is as given by the Medical Council of India, set forth above by",,,,,,,
us.â€,,,,,,,
Accordingly, the writ petitions are dismissed.",,,,,,,