Delhi High Court
Rakesh Bisht vs Union Of India And Ors. on 31 October, 2022
Neutral Citation Number : 2022/DHC/004605
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 31.10.2022
+ W.P.(C) 10789/2021
RAKESH BISHT ..... Petitioner
versus
UNION OF INDIA AND ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioners: Mr. Pursushottam S. Tripathi, Mr. Ravi Chandra Prakash,
Mr. Abishek Tripathi and Mr. Mukesh Kr. Singh,
Advocates
For the Respondents: Mr. Farman Ali, Senior Panel Counsel with Mr. Jitendra
Kumar Tripathi, Govt. Pleader and Ms. Usha Jamwal,
Advocate
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner impugns order dated 21.10.2020 whereby the original
application of the petitioner has been disposed of holding that the
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MAGGU
Signing Date:03.11.2022 10:54:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004605
petitioner is fully qualified for being considered for promotion to the
post of Assistant Computer Programmer (ACP).
2. The contentions of the petitioner is that for the purposes of
promotion, the essential qualifications are Computer training, in
Statistical Analysis System or Statistical Packages for the Social
Sciences or Structured Query Language Server or Oak Ridge
Automatic Computer and Logical Engine or Relational Database
Management System. He submits that he has obtained computer
training in Statistical Analysis System and was thus eligible for
consideration for promotion. Learned counsel submits that since the
post was lying vacant, he applied to the Department to hold DPC to
consider the petitioner for promotion.
3. The case of the petitioner is that petitioner had obtained
computer training in Statistical Analysis System and was thus eligible
for being considered for the post of Assistant Computer Programmer.
4. The representation of the petitioner was rejected by order dated
21.08.2017 holding that his computer training in Statistical Analysis
System was privately obtained and as such was not recognizable as
satisfying the essential qualifications.
5. Petitioner approached the Tribunal by way of subject Original
Application seeking setting aside of the order of the respondent dated
21.08.2017 declining to consider his qualification as meeting the
essential requirement.
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MAGGU
Signing Date:03.11.2022 10:54:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004605
6. Pending the subject proceedings, DPC was held and petitioner
along with two other employees, who were senior to the petitioner,
were considered for promotion. It may be noticed that the petitioner
had, in the meantime, obtained qualification of Relational Database
Management System which qualification was obtained by undoing a
course with the respondent themselves. The other two candidates also
had undergone said course with the respondent.
7. Petitioner was not selected by the DPC and one of the
candidates senior to the petitioner was selected and promoted.
Thereafter another DPC was held in which also petitioner was
considered but could not make it and other person senior to the
petitioners was promoted.
8. The Tribunal has disposed of the original application holding
that at the time when DPC was held the petitioner had obtained the
qualification of Relational Database Management System and had thus
met the eligibility condition even as per the understanding of the
respondent and since the petitioner was qualified and was considered,
the Tribunal was of the view that no further orders were called for in
the Original Application. Accordingly, the original application was
disposed of.
9. Learned counsel for the petitioner submits that the respondent
had wrongly held that the qualification of the petitioner of Statistical
Analysis System obtained from a private organization was not liable to
be considered for the reasons that such qualification is not granted by
the respondent and had to be perforce obtained from an external
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Digital Signed By:KUNAL
MAGGU
Signing Date:03.11.2022 10:54:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004605
source which the petitioner had. He further submits that prior
permission was taken from the Department before undergoing the said
training programme.
10. Learned counsel submits that the petitioner has already
impugned the decisions of the two DPCs whereby the petitioner was
not held to be more meritorious than the other two candidates which
are pending before the Tribunal. He submits that one of the grounds
taken therein to impugn the decision of the respondent in not
considering the computer training obtained by the petitioner in
Statistical Analysis System as meeting the essential qualification.
11. We notice that in the subject Original Application, petitioner
had merely sought that the petitioner be treated fully eligible for the
post of Assistant Computer Programmer. Petitioner was granted the
said relief by the respondent themselves as petitioner had undergone
the training in Relational Database Management System.
12. The question as to whether the qualification obtained by the
petitioner i.e. computer training in Statistical Analysis System is a
qualification which is liable to be considered by the DPC or not does
not arise for consideration in the present petition. We also notice that
said issue has already been raised by the petitioner in the original
applications impugning the result of the two DPCs. Accordingly, we
dispose of this petition leaving the said question open to be considered
by the Tribunal in accordance with law, if so, raised before the
Tribunal by the petitioner.
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Digital Signed By:KUNAL
MAGGU
Signing Date:03.11.2022 10:54:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004605
13. It is clarified that this Court has neither considered nor
commented upon the merits of the contentions of either party on the
said issue.
SANJEEV SACHDEVA, J
TUSHAR RAO GEDELA, J
OCTOBER 31, 2022
'rs'
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:03.11.2022 10:54:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
