REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 9140 OF 2019 (ARISING OUT OF SLP (CIVIL) NO. 7954 OF 2017)

RAJESH KUMAR DWIVEDI .....APPELLANT(S)

VERSUS

STATE OF U.P. & ANR. .....RESPONDENT(S)

J U D G M E N T

HEMANT GUPTA, J.

1. The  challenge  in  the  present  appeal  is  to  an  order  dated  14th

December,  2016  passed  by  the  High  Court  of  Judicature  at

Allahabad whereby the appeal filed by the appellant challenging

the order dated 26th April, 2011 passed by the learned Single Judge

was dismissed.   

2. An  advertisement  was  issued  on  17th March,  2008  by  the

Directorate  of  Training  and  Employment,  Lucknow,  U.P.  inviting

applications for the various posts of Instructors in the Government

Industrial Training Institute of the State.  The appellant applied for

the  post  of  Instructor  in  the  subject  of  Fitter.   The  educational

eligibility condition prescribed for the said post was a certificate in

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concerned trade from National Council of Vocational Training1 apart

from two years’ experience in any industry or training/educational

institute,  either  before  or  after  getting  instructor  training.   The

appellant  applied  for  such  post  on  the  basis  of  the  following

educational qualifications:

(a) National Trade Certificate of basic training of one year from

September,  1990  to  August,  1991  in  Mechanical  Group

imparted by Model Industrial Training Institute2, Haldwani;

(b) National  Trade Certificate of  further training of  six months

from September,  1991 to February,  1992 in Fitter  General

imparted by MITI, Haldwani; and

(c) National  Trade Certificate of  further training of  six months

from  March,  1992  to  August,  1992  in  Metrology  and

Engineering Inspection imparted by MITI, Haldwani.

3. The appellant was found not eligible for the reason that he does

not  possess  two  years  course  from  NCVT.   The  High  Court

dismissed the writ  petition filed by the appellant  for  the reason

that three different courses undertaken by the appellant cannot be

treated  as  equivalent  to  the  qualification  prescribed  under  the

Rules.   

4. The appellant relies upon Circular issued by Ministry of Labour &

Rehabilitation, Government of India on 16th December, 1983 giving

equivalency  between  various  disciplines  under  Restructured

1  for short, NCVT 2  for short, MITI

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Pattern and Conventional  Pattern of  Craftsmen Training Scheme.

The said Circular clarifies that a candidate having basic course of

Mechanical Trade of one year, Fitting General Module of six months

and Metrology and Engineering Inspection Module of  six months

was  treated  to  be  equivalent  to  Fitter  of  two  years  training.

Subsequently,  the  State  Government  vide  communication  dated

18th August, 1988 issued directions for considering the eligibility of

training obtained from MITI, Haldwani for services and posts under

State Government.  The same is reproduced hereunder:

“From The Director Training and Employment Uttar Pradesh, Lucknow

To The Secretary Government of Uttar Pradesh Labour Department Secretariat, Lucknow.

Letter No.      /E-2/0102/Policy(General)/84-85

Dated: August 18, 1988

Sub:  Regarding  issuance  of  directions  for  considering the  trainees  obtained  training  from  Model  Industrial Training Institute, Haldwani.

Sir

Shri  Q.L.  Juneja,  Principal/Deputy  Director,  Model Industrial  Training  Institute,  Haldwani  (Nainital)  has requested that orders for considering the trainees who have  obtained  training  from  this  institute  for  the services/appointments under State Government.  In this reference,  he informed that directions for issuance of necessary orders in this regard have already been given to all the Ministries of Government of India and different departments vide Letter No. D.G.E.T.-5/7/83-T.C. dated 31st October, 1983 and that request has been made for

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issuance of above orders at the earliest to all the State Governments and Union Territories of the Country.

2.   In  this  reference,  it  is  noteworthy  that  on recommendation  of  National  Council  of  Vocational Training  (NCVT),  the  Government  of  India  has established the above Institute in year 1981 under re- structured  training  pattern  of  the  Craftsmen  training scheme, for which, the Government has already been provided 11 acres of land.

3.  Following two certificates are being issued by the Model Industrial Training Institute, Haldwani (Nainital):

(1) National Training Certificate Basic Training.

(2) Certificate  of  Proficiency  awarding  to  the successful  trainees  under  the  restructured training pattern of Craftsmen Training Scheme.

4.  It is well-considered opinion of this directorate, that the above both certificates granted by above institute kindly be declared eligible for services and posts under State Government like Government of India, whereby, the  candidates  trained  by  above  institute  may  be retired in the services under State Government.”

5. Subsequently,  another  Circular  was  issued  by  the  Training  and

Employment Directorate on 9th April, 1992 that certificate in Fitter

Trade of two years granted by MITI, Haldwani which includes one

year basic training and six months module be treated equivalent to

the National Trade Certificate.  The Circular reads as under:

“From The Director Training and Employment Directorate Uttar Pradesh, Lucknow

To 1.  All Regional/District/City Employment Officer All Regional/District/City Employment Office, U.P.

2. All  Deputy-Head  of  University,  Employment, Information and Consultation Center, U.P.

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Letter No. 1083/E-2/0102/Policy Regn./90

Lucknow, dated 09 April, 92.

Sub:  For  getting  recognized  certificate  in  two  years fitter  trade  granted  by  MITI,  Haldwani  equivalent  to N.T.C.

Sir

It is informed vide letter No. D.G.E.T.-7(1)/91-C.D. dated 18.02.1992  of  Training  and  Employment  Directorate General, New Delhi that the certificate in fitter trade of two years granted by MITI, Haldwani wherein, one year basic  training  and  six  months  modules  are  included, shall  be  treated  equivalent  to  the  National  Trade Certificate.   Therefore,  you  are  hereby  directed  that those  candidates,  who  have  received  above  training and  may  appear  for  registration  in  your  office,  then, please be registered them in profession equivalent to N.T.C. for Employment/Trainee Training.”

6. The  argument  of  learned  counsel  for  the  appellant  is  that  the

qualification obtained by the candidate in three different modules

is treated to be equivalent to the Fitter Trade of two years duration

as per the Circulars issued by the Government of Uttar Pradesh on

18th August, 1988 and 9th April, 1992,  therefore, the appellant is

eligible candidate for appointment to the post of Fitter.   

7. Learned counsel for the State has filed an additional affidavit to

explain the said three Circulars relied upon by the appellant.  It is

mentioned that the appellant is not possessed of the qualification

as  mentioned  in  the  Uttar  Pradesh  Industrial  Training  Institutes

(Instructors) Service Rules, 19913,  as amended in the year 2003

called the Uttar Pradesh Industrial Training Institutes (Instructors)

3  for short, ‘the Rules’

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Service (Second Amendment) Rules, 20034. It is pointed out that

Circulars  dated 16th December,  1983,  18th August,  1988 and 9th

April, 1992, relied upon by the appellant, will have no effect unless

necessary  amendment  is  being  made  in  the  Rules  for  the

appointment of Instructors in the State.   

8. Rule 8 of the amended Rules has prescribed the following academic

qualifications:

“8.   Academic  Qualification  –  (1)  A  candidate  for recruitment to the post of instructor other than the post of  language  instructor  (Hindi/English)  in  the  Service must possess the following qualifications:

(1) Educational -  (i) Must have passed Intermediate examination of the Board of High School and Intermediate Education, Uttar Pradesh  or  an  Examination  recognised  by  the Government as equivalent, thereto. (ii)  Must have obtained a certificate in the respective trade  from  the  National  Council  for  Training  in Vocational Trades.

OR

Must have obtained National Apprenticeship Certificate in the respective trade.

OR

**** ****”

9. We find that the stand of the State that appellant is not possessed

of educational qualifications is not tenable.  The eligibility condition

is that a candidate must have obtained a certificate in respective

trade from NCVT.  It is not necessary that a qualification prescribed

in the Rules has to be possessed in one certificate.  The Circular of

4  for short, ‘the amended Rules’

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the Government of India dated 16th December, 1983 prescribes the

following conditions:

Restructured Pattern of Craftsmen Training Scheme Conventional Pattern of Craftsmen

Training Scheme Sl. No.

Identified  trades group  &  Module(s) for equivalency

NCO No.

Duration of Trg.

Total Duratio n of trg.

Trade Duration of Trg.

1 2 3 4 5 6 7 1 i.  Basic  Course  in

Mechanical  trades group.

ii.  Fitting  General Module.

iii.  Metrology  & Engineering Inspection Module.  

842.10

840.10

One year

6 months

6 months

2 Yrs. Fitter 2 Yrs.

10. It  is  on  the  basis  of  such  Circular,  the  Director  of  Training  and

Employment of the State has issued Circulars on 18th August, 1988

and on 9th April, 1992 that such qualification will be deemed to be

equivalent to the National Trade Certificate.  Once the educational

qualification  has  been  treated  to  be  equivalent  by  the  State

Government in the Circulars issued earlier, the stand of the State

that appellant is not qualified has no legs to stand.  The State itself

has treated qualification of basic course in Mechanical Trade Fitter,

General Module and Metrology and Engineering Inspection Module

equivalent to conventional pattern of Craftsmen Training Scheme.

Thus, we find that the stand of the State that the appellant was not

possessing  educational  qualification  cannot  be  sustained.   The

candidature of the appellant was not validly rejected.

11. Since we have found that candidature of the appellant was rejected

on the ground that he was not possessing educational qualification,

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therefore, the State Government is directed to take proper steps for

appointment of  the appellant  in  accordance with law within two

months from the date of receipt of copy of this Judgment.  In view

of the above, the appeal is allowed.

.............................................J. (L. NAGESWARA RAO)

.............................................J. (HEMANT GUPTA)

NEW DELHI; DECEMBER 06, 2019.

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