Sanjeev Kumar v. Govt. of NCT of Delhi

1. For the post of Draftsman (Civil) Grade-III under NDMC the applicable Recruitment Rules require Essential Qualification to be holding a 'Diploma in Draftsmanship (Civil)' from a recognized Institution.

2. NDMC sent the necessary requisition to the Delhi Subordinate W.P(C) 6947/2012 & W.P.(C) 1381/2013 Page I of 4 2013:DHC:7123-DB ) Selection Services Selection Board and the Public Notice was issued on September 23, 2008 inviting applications from eligible candidates to fill up 15 posts: 09 unreserved, 03 for OBC candidates, 02 for SC candidates and 01 forST candidate.

3. A few prospective candidates wrote to DSSSB whether candidates who had obtained a- diploma called 'National Trade Certificate in Draftsmanship' would be eligible.

DSSSB in tum sought a clarification from NDMC which Clarified on February 01, 2011 that candidates possessing 'National Trade Certificate in Draftsmanship' would be suitable for the job and could be treated as meeting the Educational Qualifications.

4. Yet in spite thereof DSSSB held as not eligible those candidates who were possessing the National Trade Certificate, and we are given to understand that no recruitment whatsoever has been made pertaining to the 15 vacancies.

5. In the Original Application filed by Sanjeev Kumar & Others, the view taken by the Tribunal is that the National Trade Certificate in Draftsmanship be treated as equivalent to a Diploma in Draftsmanship (Civil).

6. We agree with the stand taken by the Board that unless NDMC amends its Recruitment Rules it would be impermissible to include the National Trade Certificate in Draftsmanship as a valid eligibility degree for the reason an advertisement has to conform to the Recruitment Rules. In the absence thereof what would happen would be that large number of candidates possessing the National Trade Certificate in Draftsmanship, thinking that they are ineligible, may not even apply. To make eligible those who take a chance would amount to denying fair opportunity to the others. W.P.(C) 6947/2012 & W P.(C) 1381/2013 (

7. Thus, as regards WP(C) 6947/2012, we allow the same and quash the order dated May 25, 2012 but simultaneously direct NDMC to forthwith amend its Recruitment Rules in conformity with its stand taken before not only the Board but even the Tribunal, which stand is reiterated before us today. Selection process be completed thereafter. Needless to state a fresh advertisement would be issued.

8. As regards WP(C) No.1381/2013, we find that the controversy pertains to Mahaveer, a SC candidate laying a claim that since 02 SC candidates above him have not shown any interest in seeking appointment, he being at No.3 at the select panel should be appointed against one of the two posts reserved for SC candidates.

9. We find that the Tribunal has tagged on the Original Application filed by him alongwith two others, but without any adjudication on his claim that as an SC candidate, being at No.3 of the select panel, he should have been appointed.

10. However, no relief can be granted to him because he seeks relief on the strength of possessing National Trade Certificate in Draftsmanship, a qualification which cannot make him eligible till the Recruitment Rules are amended. As a matter of fact we find that the two SC candidates above him in order of merit also sought eligibility on the strength of possessing National Trade Certificate in Draftsmanship. The fact that when appointment was denied to them because they were not possessing the Diploma in Draftsmanship (Civil) they did not approach the Tribunal would not mean that on the reasoning of Mahaveer he should be given appointment. On his reasoning, the only direction could be that at the first instance letters offering appointment should be issued to the two empanelled W.P.(C) 6947/2012 & W.P.(C) 1381/2013 Page 3 of[4] candidates above him.

11. Accordingly, WP(C)1381/2013 is dismissed. CM No. 18050/2012 in W.P.(C) 6947/2012 Dismissed as infructuous.

APRIL 09, 2013 skb W.P.(C) 6947/2012 & W.P.(C) 1381/2013 ~~A PRADEEP NANDRAJOG, J. Page 4 of[4]