Harmandeep Singh And Others v. Punjab State Power Corporation Limited And Another

141 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.974 of 2023 Date of decision : 17.01.2023 Harmandeep Singh and others ....Petitioners

Versus

Punjab State Power Corporation Limited and another ...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Ms. Kriteka Sheokand, Advocate for the petitioners.

PANKAJ JAIN, J. (ORAL) Present writ petition has been filed invoking writ jurisdiction of this Court under Article 226/227 of the Constitution of India seeking writ in the nature of mandamus in the form of direction to the respondents to complete the verification process of the petitioners by granting them grace period of four months to submit a National Apprenticeship Certificate in Lineman Trade.

2.

As per the pleadings raised in the writ petition respondentCorporation vide Public Notice dated 15.07.2022 (Annexure P-1) invited applications for recruitment to 1690 posts of Assistant Lineman. As per the Public Notice (Annexure P-1) last date for submission of fee and online registration was 29th of August, 2022. The prescribed essential qualification for the post of Assistant Lineman is as under :- "a.

Matriculation or equivalent and National Apprenticeship Certificate (NAC) in Lineman trade.

b.

The candidate who possess higher education i.e. Degree/Diploma in Electrical engineering will be considered only DEEPAK KUMAR 2023.01.20 16:59 I attest to the accuracy and integrity of this document

CWP No.974 of 2023 -2if they have minimum qualification i.e. National Apprenticeship Certificate in Lineman trade."

3.

All the petitioners are stated to be in the midst of their apprenticeship which is due to get completed in May, 2023. 4.

Counsel for the petitioners submits that the petitioners being in merits list deserve the grace period and thus, time period for submission of the National Apprenticeship Certificate be extended by four months beyond May, 2023.

5.

Ms. Kashish Sahni, Advocate appearing on advance notice for the respondents submits that the essential qualification stands prescribed in the advertisement and admittedly the petitioners do not possess the same and, thus, they cannot be considered for appointment. 5.

I have heard counsel for the parties and have gone through the records of the case.

6.

Trite it is that mere selection does not confer any right. The candidates who are deficient in essential qualification cannot claim any right to appointment. Admittedly, neither of the petitioners is in possession of National Apprenticeship Certificate, which is the essential qualification as prescribed under the Rules and Advertisement. 7.

In view of the aforesaid fact, there is no merit in the present writ petition and the same is dismissed.

January 17, 2023 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2023.01.20 16:59 I attest to the accuracy and integrity of this document