Himachal Pradesh High CourtUnknown vs 520 on 4 November, 2020Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua.CWP No.4375/2019 a/w CWPs No.4276 of 2019,\n\n\n\n\n\n                      520, 603, 821, 822, 845, 1189, 1190 to 1197, 1349,\n                      1350, 1354,1697, 1730, 1731, 1830, 1878 to 1880,\n                      1897, 1898 and 2243 of 2020 and CWPTAs\n\n\n\n\n\n                      No.3 to 6 and 9 of 2020\n05.08.2020   Present: Mr. Ashok Sharma, Advocate General with Vinod\n                      Thakur, Mr. Shiv Pal Manhans, Additional\n                      Advocate General, and Mr. Bhupinder Thakur, Ms.\n\n\n\n\n                      Seema Sharma, Deputy Advocates General, for the\n                      petitioner(s).Mr. Rajnish Maniktala, Senior Advocate with Mr.\n                      Naresh K. Verma and Mr. Ashok Kumar,\n\n                      Advocates, for the respondents/applicants.Mr. Angrez Kapoor, Advocate, for proforma­\n                      respondent(s)­HPSSC in all the petitions.\n                      Mr. Vinod Chauhan, Advocate for                     private\n\n\n\n                      respondent(s) in CWP No.1830 of 2020.Mr. K.D. Shreedhar, Senior Advocate, with Ms.\n\n\n\n\n                      Shreya Chauhan, Advocate, for respondent No.1 in\n                      CWP No.4276 of 2019.Mr. Rajinder Thakur, Advocate, for the private\n                      respondent(s) in CWP No.821 of 2020.Mr. Surender K. Sharma, Advocate, for respondent\n                      No.1 in CWPTA No.4 of 2020.Mr. Ashok Sharma, Advocate, for private\n                      respondent(s) in CWP Nos. 1193, 1350 and 2243 of\n                      2020 and CWPTA No.3 of 2020.Mr. Bhim Raj Sharma, Advocate, for respondent\n                      No.2 in CWP Nos.822 and 1190 of 2020.\n                      Mr. Virbahadur Verma, Advocate, for respondent\n                      No.2 in CWP No.1350 of 2020.Mr. Kashmir Singh, Advocate, for                    private\n                      respondent(s) in CWP No.1194 of 2020.\n                      Mr. Tarun K. Sharma, Advocate, for respondent\n                      No.1 in CWP No.1197 of 2020.(Through video conferencing)::: Downloaded on - 05/11/2020 20:19:15 :::HCHPHeard further.        Record reveals that it was the\n\n    petitioner(s) themselves prescribed the qualifications, which\n\n\n\n\n                                                            .were not in accordance with time and rather outdated as is\n\n    evident from paragraph­2 of the preliminary submission\n\n\n\n\n\n    made by the Director Technical Education in reply to OA\n\n    No.2761/2018. Relevant portion thereof reads as under:­\n\n\n\n\n             "2. That it is respectfully submitted that the respondent No.3\n             vide letter dated 02.02.18 received through fax has sought\n             clarification that as to whether the Motor Mechanic Trade\n\n             and Mechanic Motor Vehicle Trade are different in nature\n\n             or whether the trade of Motor Mechanic or not, if yes since\n             when? Accordingly the Replying Respondent vide letter\n             dated 03.02.2018 has taken up the matter with the\n             competent Authority i.e. Directorate General Training,\n             Ministry of Skill Development and Entrepreneurship,\n\n\n             Government of India, New Delhi who has not been\n             impleaded as a necessary party by the Applicant in the\n             present OA. The aforesaid competent Authority vide its\n             letter dated 5.03.2018 has clarified "that Mechanic Motor'\n\n\n\n\n             and 'Mechanic Motor Vehicle' are two different trade. 'Motor\n             Mechanic Vehicle' has not been renamed from 'Mechanic\n\n\n\n\n\n             Motor' trade. During year 1698 both of the above trades\n             were available under the Craftsman Training Scheme\n             (CTS). The trade 'Mechanic Motor' has been deleted from\n\n\n\n\n\n             the CTC before year 1994" (Copy of the Directorate General\n             of Training, Ministry of Skill Development &\n             Entrepreneurship, Government of India dated 5.3.2018 is\n             enclosed as Annexure R­1)."2.      It is probably because of this that the petitioners\n\n    themselves have now amended the rules by issuing\n\n    notification dated 11.3.2020, by including the Pump\n\n    Operator­cum­Mechanic/Mechanic (Motor Vehicle)/ Pump\n\n    Operation­cum­Mechanic/Pump Operation & Maintenance.3.    In such circumstances, let the records leading to the\n\n    issuance of notification dated 11.3.2020, be produced by the::: Downloaded on - 05/11/2020 20:19:15 :::HCHPState on the next date of hearing.List on 11th November, 2020..(Tarlok Singh Chauhan)\n                                              Judge\n\n\n\n\n\n                                         (Jyotsna Rewal Dua)\n                                                Judge\n\n\n\n\n    November 4, 2020(Rohit)::: Downloaded on - 05/11/2020 20:19:15 :::HCHP