Calcutta High Court (Appellete Side)Tapas Roy vs Union Of India & Ors on 19 July, 202110      19.7.2021                    WPCT 10 of 2020\nCt-16\n                                         Tapas Roy\n                                              Vs.\n                                     Union of India & Ors.\n\nar\n                        Mr. Bharat Bhusan\n                                        ... For the Petitioner\n\n                        Ms. Susmita Saha Dutta\n                                   ... For the Respondent nos. 2 & 3The writ petition is directed against an order\n                    passed by the Central Administrative Tribunal on\n                    27th September, 2019 in connection with O.A No.\n                    378/2011.The review application was filed primarily on\n                    the ground that the original applicant although\n                    had the experience certificate in plumbing he did\n                    not submit the same at the time of hearing of the\n                    original application.The other ground was that the Tribunal failed\n                    to consider the fact that since the applicant\n                    possessed ITI certificate in Electrician Trade, his\n                    name was sponsored by employment exchange\n                    as eligible candidate and he was even called by\n                    the Principal, Jawahar Navodaya Vidyalaya (in\n                    short JNV), Burdwan to appear at the selection\n                    test.Mr.   Bharat        Bhusan,    learned   counsel\n                    representing the writ petitioner, has submitted\n                    that the trade certificate in favour of the\n                    applicant was issued by the West Bengal State\n                    Council of Vocational Education & Training,\n                    Directorate of Industrial Training certifying that\n                    the applicant has attended part time evening\n                    class under part-time classes scheme in the\n                    subject mentioned relating to his trade of\n                    Electrician and passed the final examination in2May 2006.Mr.   Bhusan            further   submits      that     the\nRecruitment Rules provide for ITI certificate or\nequivalent   in   the        trade   of    Electrician      or\nWireman/Plumbing from a recognised institute.\nHaving   regard       to    the   fact    that   the   Trade\ncertificate has now been produced before the\nTribunal along with the review application, the\nTribunal ought to have revisited the earlier order\nand allowed the main application.\n   With regard to the order dated 26th October,\n2010 of the Deputy Commissioner addressed to\nthe Principal, JNV, Burdwan, West Bengal that\nthe candidature of the petitioner could not be\nentertained as the petitioner had no experience\nof Government/Autonomous organisation as per\nthe norms of NVS, it is submitted that once the\nadvertisement has been published and the\neligibility criteria has clearly mentioned, it is no\nmore open to the authority concerned to alter the\nqualification norms.The certificate issued by the West Bengal\nState Council of Vocational Education & Training\non 10th February, 2012 has categorically certified\nthat the engagement of the petitioner in Maliara\nRaj Narayan High School conforms to the said\nrequirement.          Moreover,      the     certificate    of\nElectrical House Wiring and Motor Winding\ncourse (VIII) is given by the West Bengal State\nCouncil of Vocational Education & Training, a\nstatutory body under State of West Bengal.\n   Mr. Bhusan submits that the documents\nissued by the Maliara Raj Narayan High School\nand subsequently by one Rainbow Enterprise\nclearly show that the petitioner had the working\nexperience. This aspect of the matter, according\nto Mr. Bhusan, has not been considered by the\nTribunal while deciding the said matter.3Mr. Susmita Saha Datta, learned counsel\nappearing on behalf of the State, submits that\nthe entire process of selection was scrapped in\n2010 itself as none of the candidates had\nexperience      of      Government/Autonomous\norganization as per the norms of NVS.\n   Our attention has been drawn to one of the\neligibility criteria, namely, that the candidate\nmust have two years' experience in Electrical\ninstallation, Wiring and Plumbing work but the\npetitioner had failed to demonstrate by way of a\ncertificate that he had experience in Plumbing\nwork.Mr. Bhusan in reply has contended that for\nall the recruitment made by NVS over the years\nthe working experience of two years' of Electrical\ninstallation, Wiring and Plumbing work was\nnever considered to be essential and it is well-\nnigh impossible to have all the experiences\ninasmuch as there is no certificate course for\nPlumbing.It is submitted that the working experience\nfor Electrical installation, Wiring and Plumbing\nwork should be considered disjunctive and not\nconjunctive.In this regard, the writ petitioner has drawn\nour attention to the few documents regarding\nappointment of Electrician cum Plumber in NVS.\nThere is no doubt that documents disclosed in\nthis proceeding show that the persons who did\nnot have the aforesaid essential qualification\nhave been appointed to the post of Electrician\ncum Plumbing in various schools spread all over\nIndia.This certificate gives an impression that the\nsaid clause was not applied strictly by some of\nthe branches of NVS due to non-availability of\ncandidates having all the essential qualifications.4This    probably       prompted   the   authorities      to\nappoint candidates having one or more of the\nessential qualifications in many cases.\n    In view of the fact that admittedly the\npetitioner has failed to produce the certificate of\nworking experience of two years' of Electrical\ninstallation, Wiring and Plumbing work, we are\nunable to grant relief to the writ petitioner. We,\nhowever, direct the respondent authorities to\ntake into consideration the certificates produced\nby the writ petitioner in this writ application as\nthey have done in respect of other candidates\nwho were appointed in various schools of NVS by\nnot insisting upon plumbing certificate or strictly\nworking experience certificate and consider his\ncandidature if he is similarly placed as those of\nthe candidates who were appointed without such\nrequired certificate.We expect that the authorities concerned will\ntake a realistic pragmatic and sympathetic view\nin the matter, having regard to the documents\nproduced by the writ petitioner in support of\ntrade    and     working      experience     which     the\npetitioner has disclosed before us and also\nhaving regard to the persons, who having lesser\nqualifications, have been appointed in various\ninstitutions of NVS.The order of the Tribunal is modified to the\naforesaid extent.WPCT 10 of 2020 is thus disposed of.\n    There will be no order as to costs.Urgent photostat copy of this order, if applied\nfor, be given to the parties upon compliance of all\nundertakings.(Hiranmay Bhattacharyya,J.)                (Soumen Sen, J.)5