RAJU Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) Leave granted. All the above Appeals pertain to the selection and appointment to the post of Technician Grade-2 (Apprenticeship Electrical) in the Uttar Pradesh Power Corporation. An advertisement was issued inviting applications from the eligible candidates for filling up 2,974 posts of Technician Grade-2 (Apprenticeship Electrical) by the Electricity Service Commission, Uttar Pradesh on 4th March, 2011. The eligibility criteria according to the said advertisement was that a candidate should have two years National/State level professional certificate in Electrician Trade with High School from Board of Secondary Education, Uttar Pradesh or equivalent with Science and Math subjects. In addition, production of Course on Computer Concept (CCC) certificate given by the Department of Electronics Accreditation of Computer Courses (DOEACC) (hereinafter referred to as 'DOEACC certificate'), at the time of interview was compulsory. 16,712 persons applied for selection to 2,974 posts which were advertised. Out of 13,576 candidates who appeared in the written examination conducted on 7th August, 2011, 6,218 persons qualified. 5,687 persons appeared for the interviews which were conducted from 28th November, 2011 to 28th December, 2011. A large number of candidates who attended the interview could not produce the DOEACC certificate. On the said account, several representations were made to the Chairman and Managing Director of the U.P. Power Corporation wherein a request was made for extension of time for submitting the DOEACC certificate and to permit such of those candidates who were found meritorious, to participate in the interview without submitting the DOEACC certificate. A decision was taken by the Chairman and Managing Director of the U.P. Power Corporation to permit candidates without DOEACC certificate to participate in the interviews, subject to their submitting the certificate within a period of three months. However, it was made clear that the appointment letters would be issued to such candidates only after they submit the certificates.

(2.) The extension of time for submission of DOEACC certificate expired on 28th March, 2012 and the process of recruitment was conducted. The result could not be declared due to the ban on recruitment by the Government. Such of those candidates who could not submit their certificates before 28th March, 2012 approached the Chairman of the U.P. Power Corporation and requested for further extension. Pursuant to a decision taken by the Corporation on 19th April, 2012, time for submission of the certificate was further extended by three months. The results of the selection to the posts of Technician Grade-2 (Apprenticeship Electrical) were announced on 21st May, 2012. Candidates who did not produce the DOEACC certificate were informed that they should submit the certificate by 31st July, 2012 failing which their selection would stand cancelled automatically. Unsuccessful candidates filed Writ Petitions challenging the selections that were notified on 21st May, 2012. The grievance of the Writ Petitioners was that the select list contained the names of candidates who could not submit the DOEACC certificates at the time of interview. They also sought for a direction to exclude such candidates and publish a revised list. A learned Single Judge of the High Court dismissed the Writ Petitions.

(3.) The learned Single Judge relied upon Rule 45 of the U.P. Rajya Vidyut Parishad Parichalkiya Karmchari Varg Sewa Niyamawali, 1995 to hold that the Chairman was competent to relax the Rules. He observed that there was nothing wrong in the exercise of the power of relaxation as the Chairman/ Managing Director of the Corporation relaxed the Rule after a thorough consideration of several representations made on behalf of the candidates. The submission made on behalf of the Writ Petitioners that the relaxation of the Rule could not have been done after the selection process commenced and that such endeavour would amount to changing the rules of the game mid-way, was rejected by the High Court. The unsuccessful Writ Petitioners preferred an appeal against the judgment of the learned Single Judge in which they submitted that the rules for the selection could not have been altered after the selection process commenced. They urged that the advertisement did not mention anything pertaining to the relaxation. According to them, even if the power of relaxation is provided in the Rules, it is mandatory that the advertisement should also indicate the existence of such power. It was argued before the Division Bench of the High Court that submission of DOEACC certificate at the time of the interview is compulsory according to the Rules and the advertisement. Such of those candidates who did not produce the certificates were ineligible for appointment as Technician Grade-2 (Apprenticeship Electrical). The Division Bench partly allowed the appeals by holding that those candidates who submitted the DOEACC certificate prior to 31st March, 2012 were entitled to be included in the select list. The learned Division Bench further concluded that all candidates who produced the certificates after 31st March, 2012 were not eligible for appointment. The authorities were directed to declare the results afresh by deleting the names of candidates who produced the CCC certificate after 31st March, 2012, from the select list.