GURMEET SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Petitioner was sometime in 2009, engaged as Casual Labourer in respondent Department. He responded to Advertisement Notice issued by respondents, published in 3rd September 2009 issue of Employment News inviting application from eligible candidates to fill up available vacancies of Multi Tasking Staff (MTS). He participated in selection process. Respondents vide Order No. Adm-I/A&E/MTS/12-13/242 dated 20.04.2012, offered him appointment for the post of Multi Tasking Staff (MTS) in the pay band of Rs. 5200-20,200 with grade pay of Rs. 1800 in the Office of Accountant General (AE) J&K, Srinagar. Petitioner claims to have accepted appointment and to have been deputed for medical examination vide No. Admn-I/A&E/2011-12/293 dated 20.04.2012. Petitioner complains that though declared medically fit by the Medical Board, he was not appointed against the post offered on the pretext that petitioner did not have matriculation qualification to his credit at the time he applied for the post. Petitioner's case is that as he had applied for the advertised post as Casual Worker, he was not required to have matriculation qualification to his credit and could have very well acquired such qualification within two years after his appointment. It is pleaded that even if, petitioner is required to be matriculate for his appointment as Multi Tasking Staff (MTS), he does possess such qualification and that his matriculation diploma cannot be ignored merely on the ground that he is declared "qualified but require to improve".

(2.) Respondents in their reply state that petitioner was denied appointment as Multi Tasking Staff (MTS), because he failed to produce Matriculation Certificate. Respondents clarify that an under Matric (8th pass) Casual Worker after selection is appointed as MTS Trainees in the pay band of Rs. 4440-7440 without any grade pay and as petitioner claimed to have matriculation qualification to his credit on the date he participated in the selection process, he was offered appointment as Multi Tasking Staff (MTS) in the pay band of Rs. 5200-20, 200 with grade Pay of Rs. 1800. It is further pleaded that petitioner having failed in Science subject, he was not declared successful by J&K Board of School Education, that because of remark "qualified but to improve" written on his marks sheet he was not to be treated as matriculate and therefore disentitled from his appointment as Multi Tasking Staff (MTS). Respondents claim to have referred the matter to Chairman, J&K Board of School Education for his opinion. It is pleaded that in response to the letter dated 5-6-2012, sent in this regard, the Director Academic, J&K Board of School Education vide communication dated 19th June 2012, clarified that only a candidate who qualified all the elective subjects is to be taken to have qualified the Secondary School Examination (Class 10th). Respondents maintain that in terms of response received from the J&K Board of School Education, petitioner was not taken to have passed Matriculation Examination and therefore, not entitled to 27 points awarded to him on account of matriculation Certificate and thus not eligible for the appointment as Multi Tasking Staff. It is pleaded that independent of his ineligibility once 27 marks awarded to the petitioner for Matriculation Certificate were deleted from his overall merit, his merit would come down, disentitling him from appointment as Multi Tasking Staff (MTS).

(3.) I have gone through the pleadings and record available on the file. I have heard learned counsel for the parties.