UMESH KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the present writ petition challenging the orders dated 29/08/2016 and 15/11/2016.

(2.) Ofb vide letter dated 08/07/2016 had directed to fill up the vacancies of Chargeman/Technical & Non-Technical in terms of the provisions of the SRO-13E dated 04/05/1989 and dated 28/11/1994 and 27/05/2003 through limited departmental competitive examination for 2016-17. As per SRO-13E dated 4/5/1989, 28/11/1994 and 27/05/2003, the vacancies are to be filled up to 50% by promotion, 25% by direct recruitment and 25% by limited departmental competitive examination. Thus, as per Rules, 25% of vacancies in the Chargeman (Technical & non-technical) is to be filled up by limited departmental competitive examination. The respondents have issued notification dated 08/07/2016 thereby prescribing the eligibility criteria for appointment on the post of Chargeman (Technical & non-technical). As per the said clause, candidate must possess three years diploma or equivalent qualification certificate in respect of field duty affiliated by AICTE. In the said notification there is specific mention in para-2(iv) which reads as under :

(3.) In pursuance to the above notification, the respondents have published circular dated 12/07/2016 thereby inviting application for appointment on the said post. In the notification dated 08/07/2016 as well as in the circular dated 12/07/2016, the discipline Automobile as sub-discipline of Mechanical discipline has been incorporated. The petitioner possess diploma in Automobile. The petitioner being eligible submitted his application for the post of Chargeman (Automovile). The candidature of the petitioner was rejected by respondent No.3 vide communication dated 29/08/2016. Being aggrieved by that, the petitioner has filed the present writ petition.