Chaitanya Jawalekar & Anr. vs Union Of India & Ors.

Justice Ranjit Vasantrao More, Chairman

The learned counsel for the applicants at the outset, having taken instructions from his clients, makes a statement that he is restricting this Original Application to the relief claimed in Prayer clause 8 (i) and the interim relief in Paragraph 9. So far as relief claimed in Prayer clauses 8 (ii) and (iii) are concerned, he submits that he may be allowed to delete those prayers with liberty to file fresh Application, if required.

Leave with liberty granted.

Heard the learned counsel for the applicants and respondents on merit.

By this Original Application, the applicants are challenging the order dated 22.07.2022 passed by the Respondent No. 3 whereby the applicants’ candidature to appear in Junior Engineers (Civil and Electrical), Central Public Works Department (CPWD), Limited Departmental Competitive Examination (LDCE) - 2022, was rejected.

The Respondents No. 2 and 3 issued a notification dated 08.06.2022 for holding the LDCE for recruitment of the Junior Engineers (Civil and Electrical), CPWD, against 5% quota. The clause 8 of the said notification reads as follows:

The learned counsel for the applicants submits that the applicants were admitted in four years part-time course in April, 2018, which was expected to be completed in June, 2022. Learned counsel submits that in terms of the first part of the Clause 8 referred above, the applicants were eligible to apply and, accordingly, in June itself they submitted an online application. He also submitted that the Superintending Engineer, CPWD, by his letter dated 14.07.2022 recommended Additional Director General, National CPWD Academy, to consider the applicants’ case sympathetically.

The learned counsel for the respondents also relying upon the Clause 8 of the notification referred above, submits that the fourth year examination of the Diploma course of the applicants started in June, 2022 and ended on 11.07.2022 and, therefore, it could not be stated that the applicants have acquired the minimum educational qualification on or before 30.06.2022 and, therefore, the Original Application is devoid of merit and the same be rejected.

We have carefully gone through the wording of Clause 8 of the notification referred above. Under the first part of this clause, the candidates who are appearing or already appeared in the final qualifying examination are eligible to apply. So, the condition precedent to apply for the post of Junior Engineer is that the candidate must be appearing or already appeared in final qualifying examination. The reading of the part 2 of the said clause also makes it abundantly clear that the applicant is required to produce the relevant certificate in original to NCA on or before 30.08.2022, as a proof of having acquired the minimum educational qualification on or before 30.06.2022.

The learned counsel for the applicants submits that the date 30.08.2022 is yet to come and the applicants are hopeful to get the certificate before 30.08.2022 indicating that they have acquired minimum educational qualification on or before 30.06.2022.

In the light of the wording of Clause 8, we are of the considered opinion that the applicants’ candidature should not have been rejected anticipating that they will not produce the certificate as a proof of having acquired the minimum educational qualification on or before 30.06.2022.

In the above circumstances, we quash and set aside the impugned orders and the applicants are permitted to appear provisionally for the LDCE to fill the post of Junior Engineers (Civil and Electrical), CPWD from 5% quota. It is specifically made clear that in the event the applicants do not produce the required certificate under clause 8 of the said notification by 30.08.2022 as a proof of having acquired the minimum education qualification, the respondents are entitled to take appropriate steps.

Subject to above, the Original Application is disposed of. Certified copy be expedited.