Raj Kumar Mishra v. Union Of India

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-557-2018 (O&M) Decided on : 13.08.2025 RAJ KUMAR MISHRA . .Petitioners

Versus

UNION OF INDIA AND OTHERS . . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI PRESENT: Dr. Deepak Jindal, Advocate for the petitioner. Mr. Vishal Sauda, Advocate for Mr. B. S. Khaira, Advocate for respondents-UOI.

**** HARSIMRAN SINGH SETHI , J. (Oral) 1.

In the present petition, the challenge is to the impugned order dated 27.04.2017 (Annexure P-1) passed by the respondent No. 45-Central Administrative Tribunal, Chandigarh Bench, Chandigarh (herein after referred to Tribunal), by which, the claim of the petitioner that he was eligible for the post of Investigator Grade II in Labour Bureau, Chandigarh as advertised by an advertisement No. SSC/NWR-03/2014 dated 18.10.2014, has not been accepted and he has wrongly been declared ineligible for the post in question, which is causing prejudice to the petitioner. 2.

Learned counsel for the petitioner argues that the petitioner was sufficiently eligible for the selection qua the post in question as he fulfilled all the requisite qualifications as per the advertisement dated 18.10.2014 and he also had the Bachelor degree required alongwith the certificate/diploma course in Computer Operation or Software from a recognized institution, but he was declared ineligible for the selection on the post in question, which fact

-2has also not been appreciated by the Tribunal in the correct perspective. 3.

We have heard learned counsel for the petitioner and have gone through the case file with his able assistance. 4.

The argument which has been raised by learned counsel for the petitioner is that the petitioner has done certificate/diploma course in Computer Operation or Software from "SCIENCOM Point of Education", Nala Road Patna and hence, keeping in view the corroborative certificates given by the State government, copy of which has been appended as Annexure A-8, the petitioner should have been treated eligible for the post in question.

5.

It may be noticed that the "SCIENCOM Point of Education" from where the petitioner has obtained certificate/diploma in Computer Operation or Software course is a private institute and no evidence has come on record that the same is recognized by the State of Bihar. Further, the certificate which is being relied upon by the petitioner to confirm the veracity of the institution, annexed at page No. 140 of the paper book is as under:- "TO WHOM IT MAY CONCERN Society in the name of "Sciencom Point of Education" is a registered Society under the Registration Regulations 21 of 1860 whose registration number is 179 for the year 1995-96. Sd/- Manibhushan Parshad, Assistant Director General, Bihar, Patna, Certified to be True Translation".

-36.

A bare perusal of the above reproduction would show that the "Sciencom Point of Education" is only a registered society and the said certificate does not prove that the said institution is recognized by the Government of Bihar, which is one of the requirement to be eligible for the selection on the post in question as per advertisement dated 18.10.2014. Therefore, the claim of the petitioner that he is eligible for the post in question, cannot be accepted.

7.

At this stage, learned counsel for the petitioner argues that the petitioner has also studied the computer subject while pursuing his degree of M.Sc. It may be noticed that any subject studied while pursuing the post graduations can not be considered as a specific qualification which has been asked for in a specific manner in the advertisement dated 18.10.2014. Hence, studying a computer subject while undergoing post graduation cannot be treated as equivalent to the certificate/diploma course in Computer Operation or Software from a recognized institute.

8.

Learned counsel for the petitioner further submits that other students who have been selected in the post in question have also been studying in similar institutions i.e. Government Polytechnic, Deoria The institute being run by the Ministry of Communication & Information Technology, Government of India, an institute being run by a joint initiative of Department of sports & Youth services, Government of West Bengal, as well as the Institute being run by the Delhi University. The detail of the said similar institutions are also annexed as Annexures P-14 to P-17. 9.

A bare perusal of the Annexures P-14 to P-17 would show that , the said institutions cannot be treated at par to "Sciencom Point of Education" from where the petitioner has obtained his certificate/diploma course in Computer Operation or Software as these institutions carry the

-4required recognition from State, which is the requirement stipulated in the advertisement dated 18.10.2024.

10.

No other arguments have been raised.

11.

Keeping in view the totality of the facts and circumstances of the present case, no
 

   

       

   

   

 

 12.

Accordingly, the writ petition is dismissed.

13.

Pending civil miscellaneous application, if any, stands disposed of.

(HARSIMRAN SINGH SETHI) JUDGE ( VIKAS SURI ) JUDGE 13.08.2025 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No