Summary
The Supreme Court held that the U.P. Power Corporation wrongly terminated Technician Grade-II (Electrical) appointees selected in the 14 July 2015 list who held the required CCC computer certificate at the time of interview, on the ground that they did not hold it on the last date for applications. The amended 1995 Regulations and the advertisement required the certificate to be produced at the interview, and the earlier High Court and Supreme Court rulings had disturbed only candidates without a recognised certificate. Using Article 142, the Court ordered reinstatement without back wages but with seniority and continuity; those who obtained the certificate after their interview got no relief.
Issues
- Whether selected candidates who held a DOEACC/NIELIT CCC certificate at the time of interview, but not on the last date for applications, could be terminated after the select list was redrawn.
- Whether candidates who obtained the CCC certificate after their interview but before the interviews ended were entitled to continue.
- Whether relief could be granted on miscellaneous applications in a disposed-of civil appeal.
Provisions considered
- Eligibility condition requiring CCC certificate, U.P. State Power Parishad Operative Employees Cadre Service Regulations, 1995 (as amended by office memorandum dated 29.01.2011)The amendment required candidates for Technician Grade-II to hold a DOEACC/NIELIT CCC certificate and produce it at the interview. The Corporation's insistence on possession by the last date for applications was contrary to the amendment and the advertisement; equally, production after the interview was not permitted. (¶¶ 9, 10, 25, 26)
- Article 142, Constitution of IndiaInvoked to grant relief on applications filed in the disposed-of appeal under liberty given by the Court, since the Corporation had misread the Single Judge's judgment affirmed by the Court and refusing relief would perpetuate its illegality. (¶¶ 27, 28)
Held
- The Single Judge's judgment of 7 October 2017, affirmed by this Court in its 2019 judgment, quashed the select list only so far as it included candidates without a CCC certificate conferred or recognised by DOEACC/NIELIT; candidates holding such a certificate were unaffected, and the direction to redraw the list was aimed at scrutinising claims of equivalent qualifications. (¶¶ 16, 19, 20, 21, 22)
- Selected candidates in the list of 14 July 2015 who held and produced a DOEACC/NIELIT CCC certificate at the time of interview could not be terminated; the Corporation erred in requiring possession on the last date for applications, a stand contrary to its own advertisement, the 2011 amendment and its earlier position before the High Court. (¶¶ 24, 25, 26)
- Candidates who did not hold the CCC certificate even on the date of their interview and obtained it later were not entitled to relief, as allowing later production would be contrary to the advertisement and the 1995 Regulations. (¶ 26)
- Since the Court had itself granted liberty to file applications in the disposed-of appeal, the objection that relief could not be granted in such applications failed, and the case was a fit one for Article 142. (¶¶ 27, 28)
Result
Applications and appeal allowed. Applicants in the select list of 14 July 2015 who held or produced the CCC certificate at their interview to be reinstated forthwith; no back wages, but seniority according to their position in the select list and continuity of service with consequential benefits including pay fixation and terminal benefits. Impleadment and intervention applications allowed; no costs.