Case Note & Summary
The appellant, Rajesh Kumar Dwivedi, applied for the post of Instructor in Fitter trade pursuant to an advertisement dated 17.03.2008 issued by the Directorate of Training and Employment, Lucknow, U.P. The prescribed educational qualification was a certificate in the concerned trade from the National Council of Vocational Training (NCVT) plus two years' experience. The appellant possessed three certificates from Model Industrial Training Institute (MITI), Haldwani: (a) National Trade Certificate of basic training of one year in Mechanical Group (Sept. 1990 to Aug. 1991); (b) National Trade Certificate of further training of six months in Fitter General (Sept. 1991 to Feb. 1992); and (c) National Trade Certificate of further training of six months in Metrology and Engineering Inspection (Mar. 1992 to Aug. 1992). The appellant's candidature was rejected on the ground that he did not possess a two-year course from NCVT. The High Court of Allahabad dismissed his writ petition and appeal, holding that three different courses cannot be treated as equivalent to the prescribed qualification. The appellant relied on a Circular dated 16.12.1983 of the Ministry of Labour & Rehabilitation, Government of India, which declared that a candidate having the basic course in Mechanical Trade (one year), Fitting General Module (six months), and Metrology and Engineering Inspection Module (six months) is treated as equivalent to Fitter of two years training. Further, the State Government issued Circulars on 18.08.1988 and 09.04.1992 directing that certificates from MITI, Haldwani (including modular training) be treated as equivalent to National Trade Certificate for services and posts under the State Government. The Supreme Court allowed the appeal, holding that the State's stand rejecting the appellant's candidature was not tenable. The Court observed that the eligibility condition under Rule 8 of the Uttar Pradesh Industrial Training Institutes (Instructors) Service (Second Amendment) Rules, 2003 only requires a certificate in the respective trade from NCVT, and it is not necessary that the qualification be in one certificate. The State's own Circulars treat the modular certificates as equivalent, and the State cannot take a contrary stand. The Court directed the State Government to take proper steps for appointment of the appellant in accordance with law within two months.
Headnote
A) Service Law - Educational Qualification - Equivalence of Certificates - The appellant possessed three modular certificates (basic course in Mechanical Group, Fitting General Module, Metrology and Engineering Inspection Module) from MITI, Haldwani. The State Government's Circulars dated 18.08.1988 and 09.04.1992 treated such modular training as equivalent to National Trade Certificate in Fitter trade. The Court held that the State cannot reject the appellant's candidature on the ground that he does not possess a single certificate, as the Circulars bind the State and the qualification is deemed equivalent. (Paras 9-10) B) Service Law - Recruitment - Binding Effect of Government Circulars - The State Government issued Circulars on 18.08.1988 and 09.04.1992 declaring that certificates from MITI, Haldwani (including modular training) shall be treated equivalent to National Trade Certificate. The Court held that once the State itself has treated the qualification as equivalent, it cannot take a contrary stand while considering eligibility for recruitment. The Circulars have full effect and no amendment to the Rules is required for their applicability. (Paras 9-10) C) Service Law - Interpretation of Service Rules - Rule 8 of the Uttar Pradesh Industrial Training Institutes (Instructors) Service (Second Amendment) Rules, 2003 requires a candidate to possess a certificate in the respective trade from NCVT. The Court held that it is not necessary that the qualification be possessed in one certificate; modular certificates collectively treated as equivalent satisfy the requirement. (Paras 8-10)
Issue of Consideration
Whether the appellant's modular training certificates from MITI, Haldwani (one year basic course in Mechanical Group, six months Fitting General Module, and six months Metrology and Engineering Inspection Module) are equivalent to a two-year National Trade Certificate in Fitter trade for the purpose of eligibility for the post of Instructor under the Uttar Pradesh Industrial Training Institutes (Instructors) Service Rules, 1991, as amended in 2003.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed the State Government to take proper steps for appointment of the appellant in accordance with law within two months from the date of receipt of the judgment.
Law Points
- Equivalence of educational qualifications
- Binding effect of government circulars
- Interpretation of service rules
- Modular training certificates treated as equivalent to National Trade Certificate
