Case: RAJESH KUMAR DWIVEDI Vs. STATE OF UP

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 31 st October, 1983 and that request has been made for issuance of above orders at the earliest to all the State Governments and Union T erritories 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 9 th 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 . 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 18 th August, 1988 and 9 th 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, 1991 3 , as amended in the year 2003 called the Uttar Pradesh Industrial Training Institutes (Instructors) 3 for short, ‘the Rules? Service (Second Amendment) Rules, 2003 4 . It is pointed out that Circulars dated 16 th December, 1983, 18 th August, 1988 and 9 th 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? the Government of India dated 16 th December, 1983 prescribes the following conditions: table 10. It is on the basis of such Circular, the Director of Training and Employment of the State has issued Circulars on 18 th August, 1988 and on 9 th 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.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]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 certificate10. It is on the basis of such Circular, the Director of Training and Employment of the State has issued Circulars on 18 th August, 1988 and on 9 th 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.