KALENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition was ordered to be heard along with WP(S) No. 1032 of 2014, as per order of this court dtd. 29/9/2015.

(2.) In the present writ petition petitioner has prayed for writ in the nature of certiorari for quashing of the letter No. 179, dtd. 16/2/2014 (Annexure-8) issued by respondent no. 2 wherein, it has been intimated to the petitioner that petitioner has passed from Technical Examination Board, Gujarat, which is not recognized from SCVT/NCVT and hence petitioner's appointment to the post of Fitter (Anudeshak) cannot be considered. Further prayer has been made for direction commanding upon the respondent no. 2 to appoint the petitioner as a Fitter (Anudeshak) from the date on which persons, ranked below to the petitioner in the merit list were appointed as a Fitter ( Anudeshak).

(3.) The factual background of the case is that respondents- authorities published an Advertisement No. 50 dtd. 8/9/2009 for appointment in different posts under the respondent no. 2. At serial no. 2 of the said advertisement, 55 posts were advertised for the post of Fitter (Anudeshak) or Fitter instructor. Petitioner had applied for the post of Fitter (Anudeshak) alongwith his documents including the educational certificates, experience certificate and other certificates as per stipulations made in the said advertisement. Jharkhand Combined Entrance Competitive Examination Board was the authority to hold the examination. After scrutiny of the application forms, petitioner's application was found to be in accordance with the requirements as envisaged in the advertisement and he was called for appearing at the examination, which was conducted by the said Examination Board on 18/7/2010. Petitioner appeared in the said examination and results were published on 20/10/2010 in which petitioner secured CML Rank-25. Petitioner on the basis of his rank was called for counseling by the competent authorities vide letter dtd. 26/11/2010. The further case of the petitioner is that the Director, Labour Employment and Training Department, Government of Jharkhand, issued a letter on 24/1/2013(Annexure-6) and asked about the experience of the petitioner, so that his candidature can be considered. Thereafter, by letter dtd. 2/4/2013 (Annexure-7) Gujarat Metal Cast Industries Ltd., issued a letter that petitioner is working in his company since 18/2/2002 and continuing his job till date. Thereafter, vide letter dtd. 16/2/2014 (Annexure-8) respondent no.2 Principal Secretary, Department of Labour Employment and Training, communicated to the petitioner that the petitioner had passed from Technical Examination Board, Gujarat which is not recognised by SCVT/NCVT and hence, petitioner's appointment to the post of Fitter (Anudeshak) cannot be considered. Hence, this writ petition. ARGUMENT OF PETITIONER