High CourtsDivision Bench(2013) 10 SHI CK 0010

Sarita Mahla vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 4 October 2013

HON’BLE JUDGES
Dharam Chand Chaudhary, J · Dev Darshan Sood, J
RESULT
Dismissed
CASE NUMBER
CWP No. 3287 of 2013-I

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Judgment

5 paragraphs · 259 words

Dev Darshan Sood, J.—Heard. Challenge of the petitioner is to the selection of the 4th respondent, is non-compliance of the mandatory requirements in the advertisement Annexure P-1. It is submitted by learned counsel for the petitioner that the 4th respondent does not possess the requisite mandatory qualification for being appointed to the post of Trainer Mech. Electronics. The learned counsel for the petitioner further submits that the experience certificate submitted by the 4th respondent, which is being produced before us, is not countersigned by the Labour Inspector. We found this submission ill-founded. The advertisement reads as under:-

DESIRABLE: Knowledge of customs, manners and dialects of Himachal Pradesh.

NOTE: The Trainer so engaged will not be the employees of the Government and shall have no right of regularization. Experience shall be countersigned by Labour Inspector. Registration fee Rs. 200/- (Rs. Two Hundred only) shall have to be deposited in office of the Member Secretary-cum-Principal-cum-Member Secretary, I.T.I., Dadasiba, Distt. Kangra.

Sd/- Member Secretary-cum-Principal, Govt. Industrial Training Institute, Dadasiba, Distt. Kangra (HP).

It is admitted before us that both the petitioner and 4th respondent are three years diploma holders in Engineering from the Board of Technical Education. In these circumstances, the note appended to the advertisement is not attracted, as it is only applicable for those incumbents, who hold matriculation with Science, National Trade Certificate in the Trade. It is these two categories, which require experience certificate. In these circumstances, we do not find any merit in this writ petition, which is accordingly dismissed, so also the pending miscellaneous application(s), if any.