MUKUL KUMAR TYAGI versus THE STATE OF UTTAR PRADESH AND ORS.

Citation: [2019] 16 S.C.R. 1145 · Decided: 16-12-2019 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Appeal(s) allowed

Cited by 4 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

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MUKUL KUMAR TYAGI
v.
THE STATE OF UTTAR PRADESH AND ORS.
(Civil Appeal No. 9026 of 2019)
DECEMBER 16, 2019
[ASHOK BHUSHAN AND NAVIN SINHA, JJ.]
Service Law – Recruitment – Mandatory qualification –
Equivalence of – Requirement, if fulfilled – Duty of recruiting
authority/employer to verify – 1995 Regulations provided for
recruitment to the post of Technician Grade-II – Recruitment to the
said posts conducted by respondents-Uttar Pradesh Electricity
Service Commission, Uttar Pradesh Power Corporation Limited,
Lucknow – In 2011, the Corporation substituted the computer
qualification prescribed earlier with “Certificate of 80 Hours
Course 
on 
Computer 
Concept 
(CCC) 
issued 
by
DOEACC”[Department of Electronics Accreditation Computer
Courses now taken over by National Institute of Electronics and
Information Technology (NIELIT)]– In 2013, this qualification was
substituted with CCC Certificate or its equivalent computer
qualification certificate – 2014 advertisement issued by Commission
wherein inter alia CCC Certificate or its equivalent computer
qualification was one of the compulsory qualifications – Select list
dated. 14.07.2015 published – Persons not included in the list,
filed writ petitions – Single Judge by judgment dated. 07.10.2017
quashed the list insofar it included candidates who did not hold
CCC certificate by NIELIT – List revised, and the names of such
candidates were deleted – Writ Petition filed challenging the order
deleting name – Dismissed – Special Appeal dismissed by division
bench – Candidates having CCC certificate or equivalent thereto
were included in the select list (the appellants in C.A.No. 9026/19
& 9027/19), issued appointment orders and are working as on date
– Division Bench in Special Appeal No.585/2018, set aside the
judgment dated. 07.10.2017 and dismissed all the writ petitions –
Held: In the earlier recruitment held in 2011 only CCC certificate
issued by DOEACC was part of mandatory qualification– It was
for the 2014 recruitment that CCC certificate or equivalent
computer qualification was provided for– CCC certificate is a well-
   [2019] 16 S.C.R. 1145
1145
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SUPREME COURT REPORTS
[2019] 16 S.C.R.
known certificate issued under the aegis of the Government of
India and have been made part of essential qualifications for
different posts throughout the country – No material to indicate
that CCC certificate is also granted by any other body or authority
– Thus, CCC certificate mentioned in the 2014 advertisement was
CCC certificate as granted by NIELIT/DOEACC – Further, the
advertisement in the present case neither envisaged nor permitted
the candidates to give any self-certification or self-declaration that
their computer qualification is equivalent to CCC – Equivalence
of qualification claimed by candidates is matter of scrutiny by the
recruiting agency/employer, which was not undertaken in the
present case, and cannot be left to candidates by their self-
declaration – Thus, self-certification by the candidates of their
computer qualification was not sufficient to treat them having
passed the required qualification – Also, deletion of names of
certain candidates from the select list was upheld by an earlier
Division Bench – However, Division Bench in the impugned
judgment without adverting to the same restored the select list, which
was in existence on 14.07.2015, thus, the judgment of the Division
Bench cannot be sustained – Further, the judgment of Single Judge
also cannot be faulted on the ground that all the selected
candidates were not impleaded in the writ petitions challenging the
select list dated. 14.07.2015 – Judgment of the Division Bench set
aside, while that of the Single Judge dated. 07.10.2017 is restored
– Uttar Pradesh Electricity Board of Operational Employees
Category Service Regulations, 1995 – Uttar Pradesh Electricity
Supply Act, 1948 – Uttar Pradesh Electricity Reforms Act, 1999 –
Constitution of India – Art. 16.
Practice & Procedure – Writ petition – Impleadment –
Recruitment for Technician Grade-II under the 1995 Regulations
– Mandatory qualification envisaged in the advertisement – Large
number of candidates claiming qualification equivalent to the
mandatory qualification were included without any scrutiny –
Challenge to – Plea that non impleadment of each and every
candidate in the select list is breach of principles of natural justice
– Held: When the inclusion in the select list of large number of
candidates is

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