# RAJESH KUMAR DWIVEDI v. STATE OF U.P. & ANR

- **Citation:** [2019] 14 S.C.R. 755
- **Court:** Supreme Court of India
- **Decided:** 2019-12-06
- **Case number:** Civil Appeal No. 9140 of 2019
- **Bench:** L. Nageswara Rao, Hemant Gupta
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/rajesh-kumar-dwivedi-v-state-of-u-p-anr-33378
- **Pages:** 8

## Headnote

Uttar Pradesh Industrial Training Institutes (Instructors)
Service (Second Amendment) Rules, 2003: r.8 - Advertisement
issued by the Directorate of Training and Employment inviting
applications for the various posts of Instructors in the Government
Industrial Training Institute of the State - Appellant applied for
the post of Instructor in the subject of Fitter - Educational
eligibility condition prescribed for the said post was a certificate
in concerned trade from National Council of Vocational Training
(NCVT) apart from two years' experience - Appellant applied for
such post on the basis of his three educational qualifications:
National Trade Certificate of basic training of one year in
Mechanical Group imparted by Model Industrial Training Institute
(MITI), Haldwani; National Trade Certificate of further training
of six months in Fitter General imparted by MITI, Haldwani; and
National Trade Certificate of further training of six months in
Metrology and Engineering Inspection imparted by MITI, Haldwani
- He was found not eligible for the reason that he did not possess
two years course from NCVT - High Court dismissed the writ
petition filed by the appellant for the reason that three different
courses undertaken by the appellant could not be treated as
equivalent to the qualification prescribed under the Rules -
Appellant relied upon Circular issued on 16th December, 1983
giving equivalency between various disciplines under Restructured
Pattern and Conventional Pattern of Craftsmen Training Scheme
- The said Circular clarified 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, another Circular was issued on 9th April, 1992 that
certificate in Fitter Trade of two years granted by MITI, Haldwani
which included one year basic training and six months module be
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755
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treated equivalent to the National Trade Certificate - Held: The
eligibility condition was that a candidate must have obtained a
certificate in respective trade from NCVT - It is not necessary that
a qualification prescribed in the Rules was to be possessed in one
certificate - 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, the stand of the State
that the appellant was not possessing educational qualification
cannot be sustained - Service law.
Allowing the appeal, the Court
HELD: 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. 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, 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. Since candidature of the appellant was rejected on the
ground that he was not possessing educational qualification,
therefore, the State Government is directed to take proper steps
for appointment of the appellant in accordance with law. [Paras
9, 10 and 11] [761-D-H; 762-A-C]

## Text

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RAJESH KUMAR DWIVEDI
v.
STATE OF U.P. & ANR.
(Civil Appeal No. 9140 of 2019)
DECEMBER 06, 2019
[L. NAGESWARA RAO AND HEMANT GUPTA, JJ.]
Uttar Pradesh Industrial Training Institutes (Instructors)
Service (Second Amendment) Rules, 2003: r.8 - Advertisement
issued by the Directorate of Training and Employment inviting
applications for the various posts of Instructors in the Government
Industrial Training Institute of the State - Appellant applied for
the post of Instructor in the subject of Fitter - Educational
eligibility condition prescribed for the said post was a certificate
in concerned trade from National Council of Vocational Training
(NCVT) apart from two years' experience - Appellant applied for
such post on the basis of his three educational qualifications:
National Trade Certificate of basic training of one year in
Mechanical Group imparted by Model Industrial Training Institute
(MITI), Haldwani; National Trade Certificate of further training
of six months in Fitter General imparted by MITI, Haldwani; and
National Trade Certificate of further training of six months in
Metrology and Engineering Inspection imparted by MITI, Haldwani
- He was found not eligible for the reason that he did not possess
two years course from NCVT - High Court dismissed the writ
petition filed by the appellant for the reason that three different
courses undertaken by the appellant could not be treated as
equivalent to the qualification prescribed under the Rules -
Appellant relied upon Circular issued on 16th December, 1983
giving equivalency between various disciplines under Restructured
Pattern and Conventional Pattern of Craftsmen Training Scheme
- The said Circular clarified 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, another Circular was issued on 9th April, 1992 that
certificate in Fitter Trade of two years granted by MITI, Haldwani
which included one year basic training and six months module be
 [2019] 14 S.C.R. 755
755
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SUPREME COURT REPORTS
[2019] 14 S.C.R.
treated equivalent to the National Trade Certificate - Held: The
eligibility condition was that a candidate must have obtained a
certificate in respective trade from NCVT - It is not necessary that
a qualification prescribed in the Rules was to be possessed in one
certificate - 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, the stand of the State
that the appellant was not possessing educational qualification
cannot be sustained - Service law.
Allowing the appeal, the Court
HELD: 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. 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, 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. Since candidature of the appellant was rejected on the
ground that he was not possessing educational qualification,
therefore, the State Government is directed to take proper steps
for appointment of the appellant in accordance with law. [Paras
9, 10 and 11] [761-D-H; 762-A-C]
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9140
of 2019.
From the Judgment and Order dated 14.12.2016 of the High
Court of Judicature at Allahabad in Special Appeal No. 2008 of 2011
Vivek Jain, Ms. Suchitra Kumbhat, Advs. for the Appellant.
Samat Vijay Singh, Dhruv Arora, Arun Tewatia, Advs. for the
Respondents.
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The Judgment of the Court was delivered by
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 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 Pattern and
Conventional Pattern of Craftsmen Training Scheme. The said Circular
1 for short, NCVT
2 for short, MITI
RAJESH KUMAR DWIVEDI v. STATE OF U.P. & ANR.
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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 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
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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.
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.
RAJESH KUMAR DWIVEDI v. STATE OF U.P. & ANR.
[HEMANT GUPTA, J.]
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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) 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:
3 for short, 'the Rules'
4 for short, 'the amended Rules'
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(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 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
Duration
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
RAJESH KUMAR DWIVEDI v. STATE OF U.P. & ANR.
[HEMANT GUPTA, J.]
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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, 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.
Devika Gujral
Appeal allowed.