Sanjay K.Dixit vs The State Of Uttar Pradesh

1. All the above Appeals pertain to the selection and appointment to the post of Technician Grade-2 (Apprenticeship Electrical) in the Uttar Pradesh Power Corporation. An advertisement was issued inviting applications from the eligible candidates for filling up 2,974 posts of Technician Grade-2 (Apprenticeship Electrical) by the Electricity Service Commission, Uttar Pradesh on 4th March, 2011. The eligibility criteria according to the said advertisement was that a candidate should have two years National/State level professional certificate in Electrician Trade with High School from Board of Secondary Education, Uttar Pradesh or equivalent with Science and Math subjects. In addition, production of Course on Computer Concept (CCC) certificate given by the Department of Electronics 4 Accreditation of Computer Courses (DOEACC) (hereinafter referred to as ‘DOEACC certificate’), at the time of interview was compulsory. 16,712 persons applied for selection to 2,974 posts which were advertised. Out of 13,576 candidates who appeared in the written examination conducted on 7th August, 2011, 6,218 persons qualified. 5,687 persons appeared for the interviews which were conducted from 28th November, 2011 to 28th December, 2011. A large number of candidates who attended the interview could not produce the DOEACC certificate. On the said account, several representations were made to the Chairman and Managing Director of the U.P. Power Corporation wherein a request was made for extension of time for submitting the DOEACC certificate and to permit such of those candidates who were found meritorious, to participate in the interview without submitting the DOEACC certificate. A decision was taken by the Chairman and Managing Director of the U.P. Power Corporation to permit candidates without DOEACC certificate to participate in the interviews, subject to their submitting the certificate 5 within a period of three months. However, it was made clear that the appointment letters would be issued to such candidates only after they submit the certificates.

2. The extension of time for submission of DOEACC certificate expired on 28th March, 2012 and the process of recruitment was conducted. The result could not be declared due to the ban on recruitment by the Government. Such of those candidates who could not submit their certificates before 28th March, 2012 approached the Chairman of the U.P. Power Corporation and requested for further extension. Pursuant to a decision taken by the Corporation on 19 th April, 2012, time for submission of the certificate was further extended by three months. The results of the selection to the posts of Technician Grade-2 (Apprenticeship Electrical) were announced on 21st May, 2012. Candidates who did not produce the DOEACC certificate were informed that they should submit the certificate by 31st July, 2012 failing which their selection would stand cancelled automatically. Unsuccessful candidates filed Writ Petitions challenging the selections that were notified 6 on 21st May, 2012. The grievance of the Writ Petitioners was that the select list contained the names of candidates who could not submit the DOEACC certificates at the time of interview. They also sought for a direction to exclude such candidates and publish a revised list. A learned Single Judge of the High Court dismissed the Writ Petitions.

3 (2007) 3 SCC 720 14 in the extended period, by 31 st July, 2012 can be given the same benefit. We are of the opinion that the beneficiaries of the 2nd relaxation cannot be said to be similarly situated to those who produced their certificates prior to 28th March, 2012. Pursuant to the declaration of results on 21st May, 2012, the candidates who submitted their certificates were appointed. The Writ Petitions filed, challenging the selection list were dismissed on 30 th August, 2012. The impugned judgment passed by the Division Bench of the High Court, modifying the relief and extending the benefit of relaxation only in favour of those candidates who submitted their certificates prior to 28th March, 2012 was delivered on 26 th September, 2012 pursuant to which, the candidates who submitted their certificates after 28th March, 2012, were removed from service. Persons who submitted their certificates prior to 28th March, 2012 have been working continuously till date. It has been stated by the Corporation in the written note submitted to this Court that recruitment to the post of Technician Grade-2 (Apprenticeship Electrical) was being done every year from 2013 onwards. The last 15 notification for appointment of Technician Grade-2 (Apprenticeship Electrical), was issued in January, 2019. Any relief of a relaxation given in favour of those who were not diligent in furnishing the certificates prior to 28 th March, 2012 could have an adverse effect on the ongoing selection process. There are no posts of the year 2012 which were kept unfilled. There is no interim order reserving any posts of the year 2012 in which the candidates who did not submit their certificates prior to 28th March, 2012 and who have been out of service can be accommodated. Another important difference between the first group of persons who were given the benefit of relaxation subject to production of the certificates prior to 28th March, 2012 and the others who produced the certificates later is that there is no material on record to suggest there was any further delay on the part of DOEACC in the issuance of the certificates. The very fact that certain candidates submitted their certificates prior to 28th March, 2012 would show that persons who sought further relaxation after 28 th March, 2012 were not vigilant. It is settled law that there is no 16 indefeasible right of appointment on the basis of inclusion in the select list. None of the candidates in whose favour relaxation was given have any right to claim appointment. However, we uphold the judgment of the High Court in favour of the candidates who submitted their certificates prior to 28th March, 2012, to do complete justice in the matter.

13. For the aforementioned reasons, the judgment of the High Court is upheld and the Civil Appeals are disposed of.