BISWAJIT DEY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner Shri Biswajit Dey, inter alia, with the prayer that the respondents be directed to consider his candidature for appointment to the post of Computer Operator-cum-Programming Assistant by treating him eligible.

(2.) The petitioner applied for appointment to the post of Computer Operation-cum-Programming Assistant pursuant against one unreserved post to the advertisement dated 14.02.2009. The aforesaid advertisement issued by the Central Employment Exchange on behalf of the Union of India - Ministry of Labour and Employment, New Delhi. The respondents rejected his candidature by treating him ineligible. The petitioner earlier approached this Court by filing WP(C) No. 132 of 2013 to challenge the letters dated 24.01.2012 dated 23.01.2013 issued by the Deputy Director of Training (WT), Government of India, New Delhi whereby, the application of the petitioner for appointment of the said post was rejected. During the pendency of the aforesaid writ petition, the petitioner filed an application seeking amendment of the petition. When the matter was listed before the Court on 22.03.2017, the petitioner contended that the application for amendment was incomplete and therefore, prayed for permission to withdraw the writ petition with liberty to file a fresh writ petition. Such prayer was granted. This is how the present writ petition has been filed afresh.

(3.) According to the respondents, a candidate for appointment to the post of Computer-cum-Programming Assistant was required to possess the qualification of 10th Class pass under 10+2 system or equivalent along with Diploma of a recognized Board or institute in relevant trades i.e., Computer/Information Technology. The petitioner has produced a certificate issued by one 'Son Infosys, Guwahati' described as Advance Diploma In Information Technology (2 years) dated 02.11.2005 and also another certificate dated 08.11.2007 described as Post Graduate Diploma in Computer Application (PGDCA). According to the respondents, these certificates were issued by a Society registered under the Registration of Societies Act XXI of 1860. Mere registration of the society does not guarantee that diploma awarded by it would be recognized by the Government for the purpose of recruitment in government services. The specific stand of the respondents is that the petitioner does not possess a recognized diploma from the State Technical Board or from institute recognized by the State Technical Board or All India Council of Technical Education as per advertisement requirements. He could not be appointed for the said post.