SURJIT LAL Vs. PUNJAB STATE ELECTRICITY BOARD, PATIALA

JUDGEMENT

(1.) The petitioners, who are working as Electricians in the Punjab State Electricity Board and have qualified the certificate course after attending evening classes, pray for the issue of a writ of mandamus directing the Board to consider them for direct recruitment to the posts of Sub Station Attendants. They also pray that the circular issued by the Board vide letter dated March 21,1990, which inter alia, provides that the certificate obtained after attending evening classes will not be considered at per with that obtained after attending regular course for purpose of direct recruitment is violative of Articles 14 and 16 of the Constitution of India. A few facts may be noticed.

(2.) On January 6,1994, the respondent-Board issued an advertisement inviting applications for filling up the posts of Sub Station Attendants "by direct recruitment from the technical staff of the Board working on regular/work-charge basis......." The following qualifications were prescribed:-

(3.) The petitioners aver that they have passed the "Course of Theoretical training" from the Department of Technical Education and as such they were eligible for being considered. They applied for the posts. While letters of interview were issued to various candidates on March 17, 1994, the petitioners did not receive any such communication. They made enquiries and learned that vide letter dated March 21,1990, a copy of which has been produced as Annexure P-5 with the writ petition, the Board had circulated instructions that persons, who have qualified the Certificate course by attending evening classes shall be eligible for promotion, but will not be considered as eligible for direct recruitment. Consequently, the petitioners who had qualified the Course by attending evening classes were not considered as eligible for direct recruitment to the posts of Sub-Station attendants. Aggrieved by this action, the petitioners have approached this Court through the present writ petition. They aver that they are eligible to be considered for direct recruitment to the posts of Sub Station Attendants as they possess the qualification of Matriculation and I.T.I. Certificate in the trade of Electricians. They further challenge the instructions issued vide letter dated March 21,1990 of being violative of Articles 14 and 16 of the Constitution.