Writ Petition No. 1492 (S/S) of 2003. Case: Yogendra Kumar Vs State of Uttarakhand and Others. Uttarakhand High Court
| Case Number | Writ Petition No. 1492 (S/S) of 2003 |
| Judges | J. C. S. Rawat, J. |
| Issue | Constitution of India, 1950 Articles 14, 16, 226 |
| Judgement Date | September 11, 2009 |
| Court | Uttarakhand High Court |
Judgment:
J. C. S. Rawat, J.
This writ petition under Article 226 of the Constitution of India, 1950 has been filed by the petitioner for seeking the following reliefs:-
"A. To issue a writ, order or direction in the nature of mandamus commanding the Respondents to forthwith appoint the Petitioner as Junior Engineer (Mechanical) against available vacancies in accordance with the law laid down by the Apex Court in (1995) Volume II S.C.C. Page 1.
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To issue a writ, order or direction in the nature of mandamus commanding the Respondents to hold selection for appointment to the post of Junior Engineer strictly in accordance with the law laid down by the Apex Court by giving preferential treatment to the trained Apprentices over other candidates.
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To issue any other suitable writ, order or direction as this Hon'ble court may deem fit and proper in the facts and circumstances of the case.
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To award the cost of the writ petition in favour of the Petitioner."
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The case in nutshell is that the petitioner is a Diploma Holder in Mechanical Engineering. After completing Diploma Course, the petitioner was engaged as an Apprentice in the Electricity Distribution Division, U.P. State Electricity Board Roorkee from 12/06/1991 to 11/06/1992. The Uttaranchal Power Corporation Ltd. advertised 10 posts of Junior Engineer (Mechanical). Pursuant to the said advertisement, the petitioner also applied for the post of the Junior Engineer (Mechanical). The petitioner was also declared successful in the written examination and he was called for the interview. The petitioner was not selected in the select list. The petitioner approached to the respondent No.3 and he was informed that his name is in the waiting list and as and when vacancy will fell, his name would be recommended. It is also pertinent to mention here that the posts were advertised through Uttaranchal Power Corporation Ltd. and it was requisitioned by Uttaranchal Jal Vidyut Nigam Ltd.- respondent No.4. When the petitioner was not appointed as a Junior Engineer (Mechanical), he preferred this writ petition before this Court.
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The petitioner in substance based his claim that after completing the diploma course, he was engaged as an Apprentice from 12/06/1991 to 11/06/1992 in the Electricity Distribution Division, U.P. State Electricity Board Roorkee. In the advertisement, it was not mentioned that preference would be given to the candidates who had completed the apprenticeship with the department. The petitioner is claiming the preference over the direct recruit in view of the judgment of the Hon'ble Apex Court rendered in U.P.S.R.T.C. and another Vs. Parivahan Nigam Shishukhs Berojgaar Sangh and others reported in (1995) 2 SSC p/1. When the preference was not given to the petitioner, the petitioner has filed this petition.
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The respondents have filed the counter affidavit alleging therein that the said guidelines laid down by the Hon'ble Apex court did not confer any right to the petitioner to claim appointment from the respondent No.4. It was obligatory on the part of the petitioner to get into the merit list in the examination conducted by the Uttarakhand Power Corporation. The petitioner cannot claim any exemption in the said merit list. The petitioner without being selected cannot be appointed in the establishment of respondent No.4. It is also alleged that the judgment which has been cited by the learned counsel for the petitioner has been interpreted in the subsequent judgment of the Supreme Court on the basis of the Full Bench of Allahabad High Court rendered in the case of Arvind Gautam Vs. State of U.P. and others [(1999) 2 UPLBEC 1397] in which it has been...
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