Ram Pratap v. Punjab State Power Corporation Limited

CWP-6733-2024 (O&M) 2024:PHHC:049435

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-6733-2024 (O&M) Date of decision: 10.04.2024 Ram Pratap .........Petitioner

VERSUS

The Punjab State Power Corporation Limited ........Respondent CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

None for the petitioner.

Ms. Harpriya Khaneka, Advocate for the respondent.

***** NAMIT KUMAR, J. (Oral) 1.

Prayer in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the result dated 02.11.2022 (Annexure P-9) vide which the claim of the petitioner has been rejected on the ground that the petitioner has passed ITI (Electrician) from other State and private ITI and further to quash the Clause of the advertisement dated 31.07.2022 (Annexure P-7) and to consider the case of the petitioner for the post of Lineman, after awarding the marks given to the other similar employees. Further a writ of mandamus has been sought for directing the respondents to call the entire record of the selection process including the preparation of inter se merit between the petitioner and other selected successful candidates.

SATYAWAN 2024.04.10 18:18 I attest to the accuracy and integrity of this document

CWP-6733-2024 (O&M) 2024:PHHC:049435 2.

On 21.03.2024, counsel for the respondent had put in appearance and sought time for getting instructions and to file short reply. In pursuance thereto, short reply by way of affidavit of Er. Sanjay Kumar Kumra, Deputy Secretary, Recruitment, PSPCL, Patiala, on behalf of the respondent has been filed, wherein it has been stated as under :- "9.

That the documents of the petitioner were checked on dated 04.01.2023 by the Committee constituted under Chief Engineer/Distribution, Central Zone. During document checking, it was found that Petitioner Sh. Ram Pratap had obtained his National Apprenticeship Certificate in Electrician trade (Annexure P-6) instead of Lineman Trade which is prescribed as essential qualification for the post of Assistant Lineman under CRA 299/22, as a result of which the candidature of the Petitioner was rejected, on account of not possessing prescribed qualification."

3.

Since the petitioner does not fulfill the essential qualification for the post of Assistant Lineman as he is having National Apprenticeship Certificate in the trade of Electrician as is clear from Annexure P-6 and whereas in terms of the advertisement, the requirement is National Apprenticeship Certificate in the trade of Lineman. Therefore, in this view of the matter, no case is made out for interference by this Court. 5.

Dismissed.

6.

Pending applications, if any, shall also stand disposed of. 10.04.2024 (NAMIT KUMAR) Satyawan JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SATYAWAN 2024.04.10 18:18 I attest to the accuracy and integrity of this document