LAWS(ALL)-2022-8-120

HARI RAM SINGH Vs. STATE OF U. P.

Decided On August 04, 2022
Hari Ram Singh Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned standing counsel for respondent no. 1, Sri Abhishek Srivastava, learned counsel for respondent nos. 2 and 3 and Sri Ramesh Chandra Pandey, learned counsel for respondent no. 4.

(2.) Learned counsel for the petitioner submitted that an advertisement dtd. 17/6/2020 was issued by respondent no. 3 for appointment of Technician Grade-II and as per advertisement, qualification for appointment was High School or equivalent with Science and Math alongwith two years diploma certificate issued by National Council of Vocational Training (in short "NCVT") / State Council of Vocational Training (in short "SCVT"). Petitioner being Exserviceman, has applied for the same having certificate issued by Indian Armed Forces (Army) Trade Proficiency Certificate For ExServicemen dtd. 29/2/2020, which is equivalent to the certificate issued by NCVT/SCVT, but his candidature has been rejected on the ground that certificate, so issued, is neither equivalent to certificate issued by NCVT/SCVT nor as per requirement of advertisement. He next submitted that Government of India, Ministry of Labour & Employment Directorate General of Employment & Training vide letter dated 4/13/3/2013 has directed all the Directors of State Government/ UT Administration dealing with Craftsman Training Scheme to treat the certificate issued by respective departments of Army, Air Force and Navy equivalent to the certificate issued by NCVT/ NCTVT. He next submitted that under such facts and circumstances, impugned order is bad and liable to be set aside.

(3.) Sri Ramesh Chandra Pandey, learned counsel appearing on behalf of newly impleaded respondent no. 4 has filed short counter affidavit, which is taken on record. He also relied upon the very same letter dated 4/13/3/2013 issued by Government of India, Ministry of Labour & Employment Directorate General of Employment & Training and submitted that this certificate is equivalent to the certificate issued by NCVT/ SCVT.