AJAZ AHMED vs STATE & ORS

While making submissions learned counsel for the petitioner has made request for grant of innocuous relief; for grant whereof other side is not

required to be put on notice, as such, petition is taken up for disposal at its threshold stage.

Case set up by the petitioner is that vide advertisement notice no.02 of 2014 dated 30.12.2014, applications have been invited for various

posts(State/Divisional/District Cadres). Petitioner has applied for the post of Plumber. Five posts of Plumber, as figuring at S.No.156 of the

advertisement notice, were advertised with following breakup:-

“OM-03, RBA-01 & SC-01â€​

Qualification prescribed is as under:-

“Diploma from ITI in the trade of plumbing or having 10 years experience in trade.â€​

While preparing the select list as well as wait list, respondent no.4Rukhsar Ahmed figured at S.No.2 in the OM category. Since he had produced six

months diploma certificate, therefore, in remarks column as against his selection it has been recorded as under:-

“Recommendation withheld and is subject to seeking equivalence of ITI diploma and certificate from Govt. Polytechnic in Plumbing and Sanitary

fitting from Director Technical Education.â€​

In the said list petitioner figures at S.No.1 in the wait list.Â

Noticing the position of respondent no.4, petitioner has filed series of representations highlighting therein that six months certificate as possessed by

respondent no.4 is not equivalent to the certificate i.e. ITI diploma.

It appears that on the basis of the representations, respondent authorities have taken up the matter with the concerned expert body which fact is

borne from the different communications; one dated 06.12.2017 addressed to the Principal Secretary to Government, Estates Department, Civil

Secretariat, Jammu by the Secretary J&K Services Selection Board, Jammu, requesting to clarify whether diploma certificate possessed by

respondent no.4 can be considered for the post of Plumber or otherwise.Â

Under RTI, Deputy Director (Trainings) Technical Education has in its reply made it clear that certificate obtained from any Government ITI in

Plumber trade having duration of one year (two semesters of six months each) is not equivalent to six months certificate course in plumbing and

sanitary fitting from Government Polytechnic College Jammu. It is also made clear that, „it is evident from duration of the course that certificate

issued by Government ITI in Plumber trade is superior than six month certificate course in plumbing and sanitary fitting from Government Polytechnic

College, Jammu.‟

In response to the request for information under J&K RTI, Principal (PIO) Government Polytechnic, Jammu has conveyed to the petitioner that it is

made clear that the Plumbing and Sanitary fitting certificate of six months under continuing education programme(IRG) is not recognized from State

Board of Technical Education(SBOTE).Â

Vide communication dated 12.01.2018, Secretary J&K SBOTE, Jammu has conveyed to the Assistant Director, Estates Department Civil

Secretariat, Jammu that six months skill oriented certificate in Plumbing and Sanitary fitting cannot be gauged at par with one year full time plumber

trade certificate.Â

A circular dated 16.10.2015 issued by the Director Technical Education, provide that a number of private Industrial Traini

Institutes/Polytechnics/Vocational Centers are issuing certificates in different vocational courses which are not registered with the Department of

Technical Education. Though some of the private ITIs /Polytechnics are registered with this department, only a few trades/courses have been

authorized from specific dates where the parameters and other related training infrastructure is available as per norms. Thereafter it has been notified

for information of general public/all Government departments that only such certificates which bear signatures of Director Technical Education, J&K

as ex-officio Secretary to State Council for Vocational Training(SCVT) shall be deemed valid and considered for employment.Â

Learned counsel for the petitioner would submit that despite clarifications, respondents have not taken final decision on the representations as have

been filed by the petitioner.Â

Submission is quite genuine as according to him the decision may result in exclusion of respondent no.4, and inclusion of the petitioner.

In any case decision has to be taken; matter has been prolonged unnecessarily.Â

This petition is disposed of with a direction to respondent no.2 that in the light of clarifications as have been issued and referred to above, he shall

take a final decision on the representations of the petitioner within a period of four weeks from today. Decision whatever taken shall be conveyed to

the petitioner. It is impressed upon respondent no.2 that already a lot of time has been consumed, therefore, without any pretext matter shall be

finalized.Â

Petition accordingly disposed of; right of the petitioner to re-agitate is reserved subject to survival of cause.

Disposed of as above alongwith connected MP.