SCA/5964/1991 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5964 of 1991 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= DALSUKHBHAI G SURANI & ORS Versus ONGC ========================================= Appearance : MS ARCHANA AMIN for MR MK VAKHARIA for Petitioners MS KJ BRAHMBHATT for Respondent ========================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 08/05/2008 ORAL JUDGMENT : 1 By way of this petition under Article 226 of the Constitution of India, the petitioners having the qualification of Diploma in Tools Engineering and Diploma in Machine Tools Technology, have prayed SCA/5964/1991 2/4 JUDGMENT for an appropriate writ, order or direction, directing the respondent, its agents and servants, to take interviews of the petitioners for the posts of Junior Engineer (Production) & Junior Engineer (C&M) and to appointment them on the aforesaid posts. As such, what is challenged by the petitioners in the present petition is the action of the respondent in not calling the petitioners for interviews for the aforesaid posts by not treating the qualifications held by them as equivalent to Diploma in Mechanical/Chemical or Petroleum Engineering, for the aforesaid posts. 2. Ms. Archana Amin, learned Advocate, Appearing on behalf of the petitioners, has relied upon a decision of the learned Single Judge of this Court in the matter of KAMLESHKUMAR V PATEL vs OIL AND NATURAL GAS COMMISSION, as reported in 2001 (1) GCD 682, which has been confirmed by the Division Bench of this Court, vide order dated 18th of April, 2001, passed in Letters Patent Appeal No. 326 of 2001. 3. Ms. Kalpanaben J. Brahmbhatt, learned Advocate, appearing on behalf of respondent – Oil & Natural Gas Commission, who has also, incidentally, appeared before the learned Single Judge, in the case of Kamleshkumar V Patel vs. ONGC (supra), is not in a position to dispute that the controversy in question is not covered by the aforesaid decision. SCA/5964/1991 3/4 JUDGMENT 4. I have gone through the decision of the learned Single Judge in the case of Kamleshkumar V. Patel vs. ONGC (supra) as well as the decision of the Division Bench, confirming the aforesaid decision. In paragraphs 6 and 7, the learned Single Judge has observed and held as under : “6. In the present case, it is to be appreciated that, the post was that of Junior Engineer (C&M) and the qualification required was holding a diploma in any of the branch (es) mentioned therein or its equivalent. This would mean that, if a candidate is possessing a qualification, which is equivalent to diploma level course, he/she is qualified for being considered for appointment to the post of Junior Engineer (C&M). In view of the above, this petition deserves to be allowed. 7. Learned advocate for the petitioner also relied upon the certificate issued by the Principal, Govt. Polytechnic, Ahmedabad, which shows that the petitioner has passed the diploma in Tools Engineering in October 1988 and that certificate further says that the Diploma in Tools Engineering is a diversified course of Mechanical Engineering Branch. It is a matter of common knowledge that “diploma course” is available in many branches. In every branch, a diploma course has a separate and distinct syllabus. In light of this fact, when the qualification required is, `a diploma in either of the mentioned branch or its equivalent, it does not mean that a candidate should have a diploma which is SCA/5964/1991 4/4 JUDGMENT equivalent to a diploma in a specified branch. It is stated in so many words in the letter that the Diploma in Tools Engineering is a Diploma level course.” 5. Considering the decision of the learned Single Judge of this Court in the case of Kamleshkumar V. Patel vs. ONGC (supra), the action of the respondent in not calling the petitioners for interviews for the posts of Junior Engineer (Production) and Junior Engineer (C&M) by not treating the qualification of Diploma in Tools Engineering and Diploma in Machine Tools Technology as equivalent to Diploma in Mechanical/Chemical or Petroleum Engineering, is required to be quashed and set aside and is hereby quashed and set aside. Rule is made absolute accordingly. There shall be no order as to costs. (M. R. SHAH, J.) pnnair