Dixit Kaundal vs State Of H.P And Others

Sabina, J

Petitioner has filed this petition under Article 226 of the Constitution of India, seeking following relief(s):

“(i) That writ of mandamus may kindly be also issued, directing the respondents to consider the candidatures of the petitioner and to allow him to participate in rest of the process to be initiated by the respondent department for the recruitment to the post of Police Constable.

(ii) That writ of mandamus may kindly be also issued, directing the respondents to consider the qualification possessed by the petitioner i.e. 3 years diploma in Civil Engineering equivalent to Plus Two in Arts Stream, as per the notification issued by the State Government on 22nd January, 2018 (Annexure P -7)”.

Learned counsel for the petitioner has submitted that respondents had advertised 1243 posts of Constable in the Police Department vide advertisement dated 10.09.2021, Annexure P-4. Petitioner has applied for the said post and has been called today vide Annexure P-8 for evaluation of documents. Petitioner after qualifying matriculation examination has duly qualified three years diploma course in Civil Engineering. The said fact is evident from the copy of diploma certificate, which is placed on record. Learned counsel has submitted that respondents are not treating the diploma certificate dated 18.06.2019, as equivalent to 10+2 qualification. As per advertisement for the Scheduled Caste Category, minimum educational qualification, is 10+2.

Learned Additional Advocate General on the other hand has opposed the petition.

In the present case, petitioner has applied for the post of Constable in terms of advertisement, Annexure P-4. As per the said advertisement minimum qualification in Scheduled Caste Category as well as in other categories is 10+2. Petitioner has got a diploma course of instructions in Civil Engineering. Certificate in this regard dated 18.06.2019 is available on record.

Relevant part of the notification dated 22.01.2018, Annexure P-7, reads as under:

“ The Governor, Himachal Pradesh is pleased to declare that the diploma courses of three years duration in various disciplines indicated in Annexure–“A” pursued after matriculation from Polytechnics under the Department of Technical Education Vocational & Industrial Training, Himachal Pradesh and Himachal Pradesh Technical Education Board shall be equivalent to 10+2 in Arts Stream for the purpose of higher education and employment in various Departments of the State of Himachal Pradesh in public interest with immediate effect.”

Thus, as per the above notification, the diploma course undertaken by the petitioner is to be treated equivalent to 10+2 in Arts Stream for the purpose of employment in various Departments of the State of Himachal Pradesh. In view of the said notification, the respondents are duty bound to treat the petitioner as having minimum qualification of 10+2 for the advertised post.

Accordingly, this petition is disposed of with the direction to the respondents to treat the certificate of diploma course of instructions in Civil Engineering duly passed by the petitioner as equivalent to 10+2 in Arts Stream for the purpose of employment sought by him as a Constable in pursuance to Annexure P-4.

Copy of the order be supplied to the learned counsel for the petitioner, under the signatures of Court Master.

Pending miscellaneous application(s), if any, shall also stand disposed of.