Visakh V Soman vs The Staff Selection Commision
2021 Latest Caselaw 20611 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                  WP(C) NO. 20394 OF 2021
PETITIONER:

          VISAKH V SOMAN, AGED 27 YEARS
          S/O. SOMAN V.K., VATTEKKATT HOUSE, NAMBAZHIKKAD
          POST, THALAPPILLY TALUK, THRISSUR DIST, KERALA
          STATE-680 602

          BY ADVS.
          SAJAN VARGHEESE K.
          LIJU. M.P



RESPONDENTS:

    1     THE STAFF SELECTION COMMISION
          BLOCK NO.12, CGO COMPLEX, LODHI ROAD, NEW
          DELHI-110 003, REP BY THE CHAIRMAN

    2     THE STAFF SELECTION COMMISSION (CENTRAL
          REGION),
          KENDRIYA SADAN, 34-A, MG MARG, CIVIL LINES,
          PRAYAGRAJ-211001, STATE OF UTTAR PRADESH, REP
          BY THE DEPUTY DIRECTOR (CR)

    3     THE STATE SELECTION COMMISSIONER (SOUTHERN
          REGION),
          2ND FLOOR, EFK SAMPTH BUILDING, DPI CAMPUS,
          COLLEGE ROAD, CHENNAI, TAMILNADU-600006, REP BY
          THE REGIONAL DISTRICTOR

    4     BHARAT PETROLEUM CORPORATION LIMITED,
          KOCHI REFINERY, AMBALAMUGHAL, ERNAKULAM
          DISTRICT -682 302, REPRESENTED BY THE SENIOR
          MANAGER (HRD)
 W.P.(C) No.20394 of 2021              ..2..




     5          THE CHIEF MANAGER (HRD),
                BHARAT PETROLEUM CORPORATION LIMITED, KOCHI
                REFINERY, AMBALAMUGHAL, ERNAKULAM DISTRICT-682
                302

            BY ADVS.
            SHRI.P.VIJAYAKUMAR, ASG OF INDIA
            P.BENNY THOMAS
            D.PREM KAMATH
            TOM THOMAS (KAKKUZHIYIL)
            ABEL TOM BENNY
            JYOTHISH KRISHNA
            AHAMMAD SACHIN K.
            KURIAN OOMMEN THERAKATH
            JAIKRISHNAN.M.PISHARODI


OTHER PRESENT:

            ASG-SRI.P.VIJAYAKUMAR; SC, BPCL - M.GOPIKRISHNAN
            NAMBIAR




         THIS    WRIT   PETITION    (CIVIL)      HAVING    COME    UP    FOR
ADMISSION        ON   05.10.2021,   THE       COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.20394 of 2021               ..3..




                     P.B.SURESH KUMAR, J.
                  -------------------------------------

                      W.P.(C) No.20394 of 2021

                  --------------------------------------

           Dated this the 5th day of October, 2021



                               JUDGMENT

Petitioner is an Engineering Graduate in the stream

of Mechanical Engineering. He has applied for selection for

appointment to the post of Junior Engineer [Quality Assurance

(Armament Weapons)] in response to an invitation made by

the second respondent. Similarly, he has applied for selection

for appointment to the post of Junior Engineer [Quality

Assurance (Engineering Equipment)] in response to an

invitation made by the third respondent. Experience in the

relevant field for a period of one year was one of the

requirements in terms of the notifications issued by

respondents 2 and 3 for appointment to the aforesaid posts.

W.P.(C) No.20394 of 2021 ..4..

The petitioner had worked as a graduate apprentice with the

fourth respondent for a period of one year. Ext.P2 is the

certificate issued to the petitioner by the fourth respondent in

this regard. It is on the strength of Ext.P2 certificate that the

petitioner has applied for selection for appointment to the said

posts. After the written examination, the candidature of the

petitioner was provisionally rejected by the second respondent

on the ground that the nature of work performed by the

petitioner has not been mentioned in the experience certificate

produced by him. Ext.P3 is the notice published by the second

respondent in this regard. Similarly, after the written

examination, the third respondent has included the petitioner

in the select list only provisionally on the very same ground.

Ext.P5 is the communication issued by the third respondent to

the petitioner in this regard. In terms of Ext.P5, the petitioner

was directed to furnish experience certificate clearly indicating

the nature of duties performed by him as a graduate

apprentice in the establishment of the fourth respondent. The W.P.(C) No.20394 of 2021 ..5..

petitioner thereupon requested the fourth respondent to issue

a fresh certificate in tune with the requirements of respondents

2 and 3. Ext.P6 is the communication addressed by the

petitioner to the fourth respondent in this regard. Ext.P6 is

now replied by the fifth respondent, the officer concerned of

the fourth respondent, stating that the experience certificate

has been issued as per their practice and no fresh certificate

can be issued. Ext.P7 is the communication issued by the fifth

respondent in this regard. The writ petition is filed thereafter

seeking directions to the fourth respondent to issue experience

certificate to the petitioner detailing the experience gained by

him while working as apprentice trainee with the fourth

respondent.

2. A statement has been filed on behalf of

respondents 4 and 5. The stand taken in the statement is that

the petitioner has been given only an opportunity for training

in the establishment of the fourth respondent in terms of the

provisions of the Apprentices Act, 1961; that he was not W.P.(C) No.20394 of 2021 ..6..

selected or recruited by the fourth respondent to do any work;

that apprenticeship training is only a course of training under

prescribed terms and conditions which may be different for

different categories of apprentices; that the petitioner was

never assigned any duties or work in the course of the training

and that he was only allowed to observe and learn from the

actual employees.

3. Heard the learned counsel for the petitioner as

also the learned counsel for respondents 4 and 5.

4. Exts.P9 and P10 are the invitations issued by

respondents 2 and 3 in connection with the selection for

appointment to the posts referred to by the petitioner in the

writ petition. The requirement in terms of Ext.P9 as regards

experience reads thus:

"One year experience in Production or Development or Quality Assurance in the relevant field from a recognized organization or undertaking."

W.P.(C) No.20394 of 2021 ..7..

The requirement in terms of Ext.P10 as regards experience

reads thus:

"One year's experience in Production or Development or Quality Assurance in the field of Electrical or Mechanical or Metallurgical or Industrial Production or Automobile from a recognized organization or undertaking."

Ext.P2 certificate issued by the fourth respondent to the

petitioner indicates that it is only a certificate of apprenticeship

training. It also indicates the departments of the fourth

respondent where the petitioner was trained as an apprentice.

The departments of the fourth respondent mentioned in Ext.P2

certificate are Maintenance, Procurement and Contract

Services. As noted, the prayer of the petitioner in the writ

petition is for a direction to the fourth respondent to issue

experience certificate detailing the experience gained by him

in the course of the apprenticeship training. As rightly pointed

out by the fourth respondent, insofar as the petitioner was not

selected or recruited by the fourth respondent to do any work W.P.(C) No.20394 of 2021 ..8..

and insofar as he was not assigned any duties or work in the

course of the apprenticeship training, the fourth respondent

cannot be compelled to give any experience certificate to the

petitioner.

In the said view of the matter, there is no merit in

the writ petition and the same is accordingly dismissed. It is

however made clear that this judgment will not preclude the

petitioner from challenging the decisions of respondents 2 and

3, if at all he has any ground for challenging the same.

Sd/-

                                           P.B.SURESH KUMAR
                                                 JUDGE

ds 02.10.2021
 W.P.(C) No.20394 of 2021         ..9..




                  APPENDIX OF WP(C) 20394/2021

PETITIONER EXHIBITS

Exhibit P1             TRUE COPY OF THE DEGREE CERTIFICATE
                       ISSUED TO THE PETITIONER BY THE
                       UNIVERSITY OF KERALA

Exhibit P2             TRUE COPY OF THE CERTIFICATE

APPRENTICESHIP TRAINING ISSUED TO THE PETITIONER ON 19.12.2018

Exhibit P3 TRUE COPY OF THE PUBLICATION DATED 24.09.2021 PUT IN THE SITE BY THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE PROVISIONAL LIST DATED 24.09.2021

Exhibit P5 TRUE COPY OF THE EMAIL DATED 06.09.2021 ISSUED BY THE ASSISTANT DIRECTOR ATTACHED TO THE 3RD RESPONDENT

Exhibit P6 TRUE COPY OF THE EMAIL DATED 06.09.2021 ISSUED BY THE ASSISTANT DIRECTOR ATTACHED TO THE 3RD RESPONDENT

Exhibit P7 TRUE COPY OF THE EMAIL DATED 12.09.2021 ISSUED BY THE 5TH RESPONDENT

Exhibit P8 TRUE COPY OF THE EMAIL DATED 24.09.2021 ISSUED TO THE SENDER OF EXHIBIT P7

EXHIBIT P9 TRUE COPY OF THE NOTIFICATION ISSUED W.P.(C) No.20394 of 2021 ..10..

BY THE FIRST RESPONDENT SHOWING THE ESSENTIAL QUALIFICATION TO THE POST SEEN EXHIBIT P3.

EXHIBIT P10 TRUE COPY OF THE NOTIFICATION ISSUED BY THE FIRST RESPONDENT SHOWING THE ESSENTIAL QUALIFICATION TO THE POST SEEN EXHIBIT P4.

RESPONDENTS' EXHIBITS

ANNEXURE R4(A) TRUE COPY OF THE APPRENTICESHIP CONTRACT REGISTRATION CARD OF THE PETITIONER.

ANNEXURE R4(B) TRUE COPY OF THE NATIONAL APPRENTICESHIP TRAINING SCHEME OF THE PETITIONER DATED 25.09.2021.

ANNEXURE R4(C) TRUE COPY OF THE LETTER DATED 20.12.2017 GIVEN BY THE 4TH RESPONDENT TO THE PETITIONER.