DIWANSHU SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner, who possesses a Two Years Diploma in Mechanical Engineering from Sant Longowal Institute of Engineering & Technology, District Sangrur, is aggrieved of the action of the respondent-Irrigation Department, State of Punjab in having considered him ineligible for appointment to the post of Junior Engineer (Mechanical).

(2.) It has been averred that the respondent-Irrigation Department invited applications online for recruitment to various posts including 61 posts of Junior Engineers (Mechanical) vide advertisement dated 25.11.2016. 28 posts were to be filled up from amongst the General Category candidates. Petitioner belongs to the General Category and had submitted his application for the post in question. Counsel submits that as per scheme of selection, a written test was to be held and the final merit was to be drawn as per performance in the written test. Petitioner having participated in the written test has secured 52.25 marks. It is submitted that even though, no specific order has been passed rejecting the claim of the petitioner for the post of Junior Engineer (Mechanical) but after having conducted a process of counselling a list of selected candidates at Annexure P-6 has been put in public domain and in which two candidates belonging to the General Category namely Sandeep Dhaka and Manish Arora and who secured a lower merit position in the written test, have been issued letters of appointment. Having represented, the petitioner is stated to have been orally informed that he has not been considered for appointment on the ground that he possesses a Two Years Diploma and which is not as per the essential qualification prescribed in the advertisement i.e. a Three Years Diploma of Junior Engineer in Mechanical Engineering.

(3.) Counsel would vehemently argue that the Two Years Diploma possessed by the petitioner in Mechanical Engineering from Sant Longowal Institute of Engineering and Technology, Sangrur is a higher qualification if not equivalent in comparison to the Three Years Diploma stipulated in the advertisement. In support of such contention the Diploma awarded to the petitioner and placed on record at Annexure P-3 (Colly) has been adverted to and in which the following note is recited:- "Note:-