KRISHAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court seeking declaration that Item No. 6 of Appendix 'B' appended to Rule of Punjab Industrial Training (Class-III) Service Rules, 2001 (for brevity 'the 2001 Rules') is ultra vires of the Article 14 and 16(1) of the Constitution. Further direction has been sought to declare the petitioner eligible and for consideration of his candidature for the post of Pump Mechanic Instructor.

(2.) The case of the petitioner is that he has qualified his Matric from the Punjab School Education Board, which he acquired in March 1989 and thereafter, in March 1993 he qualified 10+2 also. He has done training at Industrial Training Institute at Sunam in the trade of Pump Mechanic and was awarded certificate of National Training from the National Council for Vocational Training. In April 2001, he has qualified another training and obtained certificate of National Apprenticeship Training from the National Council for Vocational Training. Apart from the aforesaid former qualification, he has acquired practical experience as Pump Operator/ Mechanic by working for more than 5 yeas in a private enterprises, namely, Saggu Engineering Works.

(3.) The grievance made by the petitioner is that despite the aforesaid qualification, the advertisement dated 12.11.2006 (Annexure P-6) issued by the respondent No. 2 to fill up the post of various Instructors including the Pump Mechanic Instructor, he has not been considered qualified. The post of Pump Mechanic is admittedly regulated by the 2001 Rules. The advertisement dated 12.11.2006 (Annexure P-6), which is consistent with the 2001 Rules, has published the following qualifications for appointment to the post of Pump Mechanic Instructor, which reads as under :