Naval Hydrographic Office Workers Union vs Chairman UPSC, Dholpur House & Others

Sudhanshu Dhulia, J

The petitioner before this Court is a registered Union of Naval Hydrographic Office Workers (Civilians). They have filed the present writ petition challenging the selection process for the post of Civil Hydrographic Officer for the Institute known as Naval Hydrographic Office, Dehradun.

The main contention of the petitioner before this Court is that the certificate of an Institute, namely, the Institution of Surveyors, which is based in Delhi is being taken into consideration, whereas the fact is that the certificate of this Institute stands derecognized by the All India Council for Technical Education (in short "AICTE").

The selection process was stayed by this Court vide its order dated 11.09.2018.

Meanwhile, counter affidavit and rejoinder affidavit have been exchanged between the parties.

In this case, an intervention application has also been filed by the selected candidate, who inter alia, has also challenged the locus standi of the present petitioner for filing the present writ petition. It is alleged that the petitioner was not a candidate in the selection process but it is merely a Union of Civil Workers of Naval establishment.

Admittedly it is not a case where the selected candidate is aggrieved by the selection process or even by any order of the respondents. There is technically no locus standi of the petitioner.

All the same, this Court in the larger interest would not dismiss the petition as the issue raised here is important.

It has also been brought in the counter affidavit filed by the intervener that the intervener in any case is a qualified person and the certificate which he has from the Institution of Surveyors although is a valid certificate, but was only an additional qualification he has, meaning that even if this certificate, regarding which a dispute has been raised here, is not taken into consideration, he still has the requisite qualifications.

As per the Recruitment Rules, the post of Civil Hydrographic Officer has the following essential qualifications:-

"(i)       Degree in Engineering or Masters degree in Mathematics or Geography or Geophysics

OR

(i)         Pass in the final examination of the institution of surveyors in sub-division 1 (b) Hydrographic surveying.

(ii)        2 years experience as a qualified Surveying officer in a recognised Hydrographic Service."

The essential qualification is either a candidate should have a Degree in Engineering or Master Degree in Mathematics or Geography or Geophysics or he should have passed in the final examination of the institution of surveyors in sub-division 1 or 2 years experience as a qualified Surveying officer in a recognised Hydrographic Service.

The desirable qualifications for the post of Civil Hydrographic Officer are as follows:-

"(i) Knowledge of a foreign language, preferably French.

(ii) Knowledge of Computer operations and Geographical Information System.

Note 1.- qualifications are relaxable at the discretion of Union Public Service Commission in or case of candidates otherwise well qualified.

Note 2.- The qualification(s) regarding experience is/are relaxable at the discretion of the Union Public Service Commission in case of candidates belonging to Scheduled Caste or Scheduled Tribes. If at any stage of selection the Union Public Service Commission is of the opinion that sufficient number of candidates from these communities possessing the requisite experience are not likely to be available to fill up the posts reserved for them."

Admittedly, the intervener has a minimum qualification as he has done his Masters in Geography. The two years of experience certificate has been given to him by the National Hydrographic Office of India. This certificate though is of a period when the said Institute was still recognized. The de-recognition of the Institute is by an office memorandum of the Government of India dated 10.07.2012, by which it has derecognized the Institution of Surveyor. However, the office memorandum dated 10.07.2012 was withdrawn by the Government of India vide order dated 06.12.2012 and the clarification which was given is as follows:-

"In modification of Order F.No.11-15/2011-AR (TS.II) dated 10.07.2012 and to facilitate the institutions during transition period, following decision has been taken in the Ministry:

(i)         Above order dated 10.07.2012 regarding cases of recognition in perpetuity for equivalence in Central Government job, stands withdrawn.

(ii)        All those students who are enrolled with the institutions with permanent recognition upto 31.05.2013 would be eligible for consideration in accordance with MHRD office memorandum/order in force pertaining to their course for equivalence in Central Government jobs. However, these concerned orders will cease to have effect from 01.06.2013 onwards.

(iii)       After 31.05.2013, based on the review by the regulator i.e. AICTE, a decision on continuation of the certification of equivalence of degree/diploma shall be taken by statutory regulator.

(iv)       Statutory regulators should review the fresh proposals/extension as per their statute and regulations.

In case, the institution desires to opt for realigning curriculum with NVEQF, it is advised to use this transition period upto 30.05.2013 for necessary action in this regard.

This issues with the approval of the Competent Authority."

Therefore, the institute stood derecognized from 31.05.2013. Further the office memorandum dated 06.12.2012 shows that the Institute has been derecognized after 01.06.2013. However, any person who has procured a certificate from the Institute prior to 01.06.2013, the said certificate will be considered to be a valid certificate.

Admittedly, the private respondent/intervener has got his certificate prior to the said date. Therefore, his certificate cannot be said to be invalid in law. Although since the certificate of the Institution of Surveyors stands derecognized after 01.06.2013, such a certificate cannot be considered as an essential qualification. All the same, the intervener has in any case, a minimum qualification of Master Degree in Geography and therefore he has the minimum qualification, even if his certificate is not considered.

In view thereof, the writ petition stands dismissed. A direction is hereby issued to the concerned authority to take a decision in the matter in accordance with law as expeditiously as possible.

Interim order dated 11.09.2018 is hereby vacated.