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Judgment
Ali Mohammad Magrey, J
In this petition, filed under Article 226 of the Constitution of India, the petitioner has craved the indulgence of this Court in granting him the following relief(s):
a) Writ of mandamus, commanding respondents to award two (2) marks to the Diploma of the petitioner and show him to have secured 27 marks instead of 25 marks and accordingly, respondents be directed to consider petitioner for selection/appointment against the post of Constable (SDRF Battalions) District Cadre, Anantnag.
b) Writ of mandamus directing the respondents to place the petitioner at appropriate place in the merit list/selection list either in Open Merit category or in RBA category."
Brief facts of the case are summarized as under:-
The writ petition involves short controversy that has constrained the petitioner to seek indulgence of the Hon'ble Court as his right of selection and appointment to the post of Constable (SDRF Battalion) is being scuttled and denied unlawfully. In this behalf, it is submitted that the respondent department issued an advertisement notice vide endorsement No. Pers-A-Aux-Police-03-II/40355-474 dated 24.08.2012, whereunder applications as per prescribed format were invited from the permanent residents of J&K State (male candidates only) for recruitment of Constables in J&K SDRF Battalions in the pay scale of Rs. 5200-20200- Grade pay plus allowances as sanctioned by the State Government from time to time. Education qualification was prescribed Matriculation and candidates had to be subjected to different tests 12 Marks (Maximum) were earmarked for education qualification, i.e., Matric= 10, 10+2=11 and Graduation= 12, 06 marks (maximum) were earmarked for additional qualification, which include 02 marks for Diploma.
The petitioner fulfilling eligibility criteria, viz matric with diploma in System Management secured from the Royal Polytechnic College, Kashmir, duly recognized by J&K Government and approved by All India Council for Technical Education, Ministry of Human Resources Development, Government of India (New Delhi) also applied for selection/appointment against one of the posts (Constable SDRF) District cadre, Anantnag as RBA candidate. It is stated that the petitioner having been found fulfilling the eligibility criteria was issued Admit Card for PET/PST.
The petitioner took active part and participated in all the tests/events etc., and performed better and has been expecting his selection. However, the respondents have prepared General Merit List of the candidates wherein petitioner is placed at S. No. 114, shown to have secured 25 marks, however, no marks have been allotted in respect of Diploma, which carry 02 marks. It is stated that the respondents have also framed category-wise select list, however, petitioner does not figure in General Category or in Reserve category. This is for the reason, as has reliably been learnt by the petitioner that Diploma obtained by the petitioner has not been considered and accordingly, 02 marks for Diploma have not been added to the overall merit of the petitioner, which if added would show petitioner securing 27 marks and as such, petitioner cannot only be placed in his own reserve category, viz RBA Category, wherein 26 is the cutoff point, but also amongst General Category Candidates, where the candidates have been shown to have obtained 27 marks, in which category 26 is also the cutoff point. As such, non-allotting of 02 marks of Diploma to the petitioner has caused violation to the petitioner's right of consideration for selection and appointment against the post of Constable.
The question as to whether a candidate who has obtained Diploma from a recognized institute is entitled to additional marks/points had arisen in SWP No. 1635/2010 titled Mohammad Maqbool Wani and Ors., Vs. State of JK and Ors., which was disposed of vide Judgment and order dated 06.12.2012, wherein it was rules that the candidate who is having Diploma from the Royal Polytechnic College, Kashmir, which is recognized Institution is nettled to 02 marks and, accordingly, direction was given to the respondents to give 02 marks to the Diploma. It is stated that the said matter landed in the Hon'ble Supreme Court, but the Hon'ble Supreme Court also dismissed the SLP vide its order dated 29.06.2016. In the case on hand, since the petitioner has obtained the Diploma from the said Institute, he is also entitled to 02 marks and accordingly petitioner would secure 25+2 =27 marks, therefore, fall within the consideration zone both as Open Merit candidate as well as RBA category candidate.
On notice respondents have filed objections, wherein it is stated that during recruitment process it was found that a huge number of candidates including the petitioner had annexed one year Diploma in computer/System management/Plumber/Electrician certificate issued by the Director Royal Polytechnic College, Srinagar, with the application forms. In order to verify the genuineness of these certificates the copy of such certificates of all candidates including that of the petitioner was sent to the Director Technical Education J&K, Jammu, for verification and was also requested to clarify that if these certificates are valid for employment in Government services, who vide his office Letter No. DTE/POLY/101/2018/G-368/2340 dated 22.11.2018 submitted that the Royal Polytechnic College, Gogji Bagh, Srinagar, approved by All India Council of Technical Education and Affiliated to State Board of Technical Education J&K is permitted to offer following four, 03 years Diploma Programmes only:-
(a) Computer Engineering
(b) PHE (Civil Engineering)
(c) Medical Electronics
(d) Quantity Surveying.
Regarding the verification of certificates in question, the Director Technical Education J&K, Jammu, informed that the said institution is conducting these training courses on its own, so cannot be verified by this directorate.
As per the above report of Director Technical Education J&K, Jammu, it was found that one year course certificates of different trades issued by Royal Polytechnic College, Gogji Bagh, Srinagar, are not eligible for award of Additional Marks as per the criteria laid down in advertisement notice and hence no candidate including the petitioner who had annexed one year course certificates issued by Royal Polytechnic College, Gogji Bagh, Srinagar, with their application forms were awarded additional marks for such certificates. It is stated that similarly other candidates who had annexed one year Diploma certificates issued by various institutes who were not competent to conduct such courses/issue certificates were not considered for award of additional marks. However, no fundamental rights of the petitioner have been infringed at the hands of the respondents.
Heard learned counsel for the parties, perused the records and considered the matter.
The matter was listed before the Hon'ble Court on 19.08.2019, and the Hon'ble Court on the same day asked the Director, Technical Education, Jammu and Kashmir, Jammu/Srinagar, through Mr. B. A. Dar, learned Sr. AAG to clarify the position by or before the next date. In response to the said order, the respondents have filed compliance report. Paragraphs 2 being relevant is taken note of:-
" That in compliance to the above Hon'ble Court directions the stand of the Directorate of Technical Education, J&K, with regard to clarification of position in respect of validity and authenticity of certificates issued after the completion of short term programme/courses is respectfully submitted as under:-
a. All the Government/Private Polytechnics of the State have mandate to offer three year diploma programme in Engineering and Technology under approval of AICTE (All India Council for Technical Education) and the diplomas to the successful candidates who seek admission to the three year diploma courses offered to these Polytechnics are issued by the State Board of Technical Education J&K, as autonomous third party examination regulatory body of the State Government.
b. That Royal Polytechnic College (Private College), Gogji Bagh, Srinagar approved by the AICTE and affiliated to State Board of Technical Education is authorized to offer following 3 years diploma programmes only:-
Computer Engineering
PHE (Civil Engineering)
Medical Electronics
Quantity Surveying
c. That many Polytechnic Colleges (Government/Private) including Royal Polytechnic College are conducting short-term courses/programmes under various schemes like Community Polytechnic, Continuing Education, IRG-Internal Revenue Generation and in certain cases like Private Polytechnics under the AICTE clause CSR " Corporate Social Responsibility."
Programme is to impart the skill to aspiring candidates who seek admission in these short term training courses on the emerging technologies in the fields of engineering, science and technology for which necessary infrastructure and experience is available in these polytechnics.
d. That on completion of these training programme/courses, participation certificate is provided by these Institutes to the trainees admitted in these job oriented training programme. These certificates, provided to (SBOTE). Thus there is clear cut distinction between the Diplomas issued by the SBOTE and these institutes. The certificates for short term curses may be issued by the recognized certifying agency. However, in case of Royal Polytechnic College (RPC), it is not known as to under what authority the College is issuing these short term certificates. It is only the Royal Polytechnic College which can explain as to which is the certifying agency and whether these certificates have any statutory executive backing.
f. It is apt to mention here that several short term skill development courses are being conducted under the scheme like Pradhan Mantri Koushal Vikas Yojana (PMKVY). In these cases, there are elaborate guidelines regarding admission process Training Providers, Certifying Agencies and Third Party Monitoring. In the case of short term certificates issued by Royal Polytechnic College, it is not known whether any guidelines have been followed:-
g. It is again clarified that the Royal Polytechnic College, Gogji Bagh, Srinagar, has authorization to offer only 04 (four) below mentioned 03 year diploma programme only;
Computer Engineering
PHE (Civil Engineering)
Medical Electronics
Quantity Surveying.
As regards 3 year diploma issued to qualified candidates by the Royal Polytechnic College (Private College) Gogji Bagh, Srinagar in above 04 (four) programmes/discipline are valid and recognized.
As far as the short term courses/programmes is concerned, these are conducted by Royal Polytechnic College as well as by other Government or Private Polytechnics are conducted by these Institutions on their own and only they are explain the certifying agency.
These short term training courses cannot be equated to the Craftsman Training Courses conducted through regular mode in it is governed by NCVT/SCVT regulations and norms."
Petitioner, admittedly has competed for the post, but his grievance is that for possessing diploma in System Management (DSM), he was entitled to two marks, which have not been awarded and on awarding the two marks, petitioner will secure 27 marks as against the 25 marks secured by the last selected candidate.
Learned counsel for the petitioner had contended that as per condition No. 6 of the advertisement notice, the candidate was required to possess degree/diploma (minimum one year duration) from any University or College recognized by UGC/Govt. ITI or Govt. Institution. The petitioner possess the requisite diploma therefore, was entitled to two points. It is further contented that the courses conducted by colleges are also covered by the schemes. The college, namely Royal Polytechnic College is recognized by the Government of Jammu and Kashmir, affiliated to the State Board of Technical Education and approved by All India Council for Technical Education, Government of India, New Delhi, under the directives from All India Council for Technical Education, New Delhi, all approved Government/Private Colleges have to conduct a 400 hours technical skill value added programme which is based on needs of local community.
On consideration of the matter, with further examination of the documents and judgment passed by the Single Bench of this Court in SWP No. 1635/2010 titled Mohammad Maqbool Wani and Ors., Vs. State and Ors., upheld by the Division Bench of this Court in LPA No. 243/2013 vide Judgment dated 08.10.2015 and confirmed by Hon'ble the Apex Court vide order dated 29.06.2016, it has become clear that the petitioner is similarly situated with the petitioners of writ petition SWP No. 1635/2010, who too had applied for the post of Constables in the J&K Executive Police and were deprived of two marks for the same diploma course and on consideration of the matter, the writ Court in terms of Judgment dated 06.12 .2012 has allowed the writ petition. Operative paragraph of the said Judgment being relevant is taken note of:-
" viewed thus, this writ petition is allowed, based on the criteria as incorporated in the advertisement notice, irrespective of subsequent change in the criteria vis-à-vis additional qualification, the respondents shall consider the diploma certificates of the petitioners and award them two marks and thereafter to consider their cases for selection/appointment to the post of Constables and pass appropriate orders thereon within a period of six weeks from the date copy of the order is served upon them."
Further the respondents have implemented the said Judgment and appointed the petitioners of SWP No. 1635/2010. There is no reason or justification for the Court to take a different view than one taken by the Coordinate Bench of this Court in case SWP No. 1635/2010, therefore, the petitioner is entitled to same relief which has given to petitioners of SWP No. 1635/2010.
Confronted with the said position, learned counsel for the respondents stated that the additional qualification, viz diploma of one year in various disciplines as possessed by the petitioner entitled him to the award of two marks.
Viewed thus, this writ petition is allowed, based on the criteria as incorporated in the advertisement notice, irrespective of subsequent change in the criteria vis-à-vis additional qualification, the respondents shall consider the diploma certificate of the petitioner and award him two marks and thereafter to consider his case for selection/appointment to the post of Constable and pass appropriate orders thereon within a period of four weeks from the date copy of the order is served upon them.
Disposed of along with connected CM(s).