Allahabad High Court
Anup Kumar Singh & Anr. (Inre 10137 ... vs State Of U.P. Thru. Secretary, ... on 6 July, 2021
Bench: Ritu Raj Awasthi, Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- SPECIAL APPEAL No. - 276 of 2016
Appellant :- Anup Kumar Singh & Anr. (Inre 10137 S/S 2016)
Respondent :- State Of U.P. Thru. Secretary, Energy & 5 Others
Counsel for Appellant :- Hemant Kumar Mishra,Veer Raghav Chaubey
Counsel for Respondent :- C.S.C.,A.S.G.,S.M. Nigam,Subhash Vidyarthi
Hon'ble Ritu Raj Awasthi,J.
Hon'ble Dinesh Kumar Singh,J.
The case is taken up through video conferencing.
Heard Mr. Hemant Kumar Mishra, learned counsel for appellants as well as learned standing counsel for respondent no. 1.
This special appeal has been filed challenging the judgment and order dated 10.5.2016 passed in Writ Petition No. 10137 (SS) of 2016 whereby the writ Court has dismissed the writ petition relying on the judgment and order dated 11.3.2016 passed in Writ Petition No. 5302 (SS) of 2016 said to have been passed in similar circumstance.
Learned counsel for appellants tries to submit that the appellants were having the essential qualification required for the post in question. The appellants were having Diploma in Electrical Engineering issued by the Indian Air Force, copies of which are annexed as Annexure No. 2 to the affidavit. The perusal of the same would clearly indicate that after completion of 10 years of technical experience in the appropriate field it is equivalent to degree in engineering as per Government of India, Ministry of Education order dated 26.5.1977. The learned Single Judge has wrongly dismissed the writ petition holding that the appellants-petitioners were not having the essential qualification for the post in question.
It is to be noted that the Electricity Service Commission (U.P. Power Corporation Limited) vide advertisement No. 05/VSA/2015/JE had invited applications from eligible Indian Nationals for direct recruitment to the post of Junior Engineer (Trainee). As per the essential qualification prescribed under the advertisement a candidate should have three years Diploma in Electrical Engineering/Civil Engineering awarded by Pravidhik Shiksha Parishad, Uttar Pradesh or a Diploma equivalent thereto, recognized by the State Government or three years All India Council for Technical Education (AICTE), Govt. of India or Diploma Examination in Electrical Engineering/Civil Engineering conducted by any of the Universities in India incorporated by an Act of the Central/State legislature.
Learned counsel for appellants has not been able to show that the essential qualifications prescribed under the said advertisement was possessed by the appellants-petitioners. He has relied solely on the certificate of Diploma in Electrical Engineering, copies of which are annexed as Annexure No. 2 to the affidavit in order to assert that the appellants-petitioners possess the required qualification.
We are not satisfied with the submissions made by the learned counsel for the appellants in this regard.
We do not find any infirmity or illegality in the judgment and order under challenge dated 10.5.2016, the same is affirmed.
The special appeal being devoid of merit is dismissed.
[Dinesh Kumar Singh, J.] [Ritu Raj Awasthi, J.]
Order Date :- 6.7.2021
Santosh/-
