1. It appears that the J&K Services Selection Board pursuant to advertisement notification No. 01 of 2012 dated 19.07.2012 conducted a selection
process, inter alia, for the post of Junior Engineer (Mechanical) Grade â€"II, Divisional Cadre, Kashmir. The qualification prescribed in the said
notification for the post of Junior Engineer (Mechanical), Grade-II reads as under:-
“03 years Diploma in Mechanical Engineering from Govt. recognized Institute/ Indian University Degree in Mechanical Engineering or AMIE
Section (A&B).
Note:- Indian University Degree/ three years diploma from Govt. recognized Institute in Aeronautical/Automobile Production Engineering shall be
considered as equivalent to Degree/Diploma in Mechanical Engineering respectively.â€
2. The aforesaid prescribed qualification is in line with the qualification prescribed under the Jammu & Kashmir Engineering Subordinate Service
Recruitment Rules, 1997.
3. The petitioner has to his credit a degree in Production Engineering. Having considering himself eligible, the petitioner applied for the said post and
was called for written test as well as the interview and the name of the petitioner figured at Sr. No. 19 of the select list.
4. It appears that the respondents, i.e., J&K Services Selection Board did not recommend the name of the petitioner for appointment on the ground
that he was ineligible, inasmuch as he did not possess a degree in “Automobile Production Engineeringâ€.
5. The case set up by the petitioner is that there is no Engineering degree in “Automobile Production Engineering†given by any institute in the
country. It was urged that while separate degrees are awarded in Automobile Engineering, Production Engineering was a separate degree altogether
and such a degree was never given in combination, as was otherwise prescribed under the rules.
6. It was stated that in fact while framing the rules, the rule makers should have specifically identified Production Engineering as a separate degree
other than Automobile Engineering, whereas it has been reflected as one. It was further stated that it was impossible for anybody in the country or
elsewhere in the world to acquire this degree and, therefore, that the Board would never find an eligible candidate with the prescribed degree in
Automobile Production Engineering.
7. It appears that the respondents, with a view to clarify this issue sought an opinion from various quarters including the Chief Engineer, Mechanical
Engineering Department, Kashmir. The said Chief Engineer vide communication dated 27.03.2015 addressed to the Commissioner/ Secretary to
Government, PW (R&B)Department, Civil Secretariat, Jammu clarified after examining the syllabi offered by different universities under reference
courses B. E. (Production-Sandwich), B. E. (Production-Engineering) & B. E. (Mechanical-Sandwich) and opined that all the branches revolved
around the Mechanical Branch and hence could be considered for the post of Junior Engineer (Mechanical).
8. It appears that the Special Secretary to Government, also obtained a clarification from the Deputy Registrar (Academic), Rashtrasant Tukadoji
Maharaj Nagpur University, who clarified that the degree of B. E. (Production Engineering) offered by the said university was equivalent to B. E.
(Mechanical Engineering) for purposes of employment. The Government on its own also appears to have got the matter examined through a
Committee headed by the Development Commissioner(Works) constituted vide Government Order No. 229-PW(R&B) of 2016 dated 04.08.2016.
The said committee recommended as under:-
“May consider recommendations of committee in respect of Production Engineering wherein the committee in respect of Production Engineering
wherein the committee has recommended for making necessary corrections substituting with (/) after the word “Automobile†in the recruitment
rules thereby clearly indicating that Automobile and Production Engineering are separate degrees and shall be considered as equivalent to degree/
diploma in Mechanical Engineering respectively and inform the J&K SSB accordingly. Further for inserting (/) after the word “Automobileâ€, the
matter may be taken up with ARI & Trainings Department for making necessary corrections separately.â€
9. Learned counsel for the respondents submits that what was important for the petitioner to possess was a Degree/Diploma in Aeronautical
Engineering or in Automobile Production Engineering and since the petitioner did not posssess the Dogree or Diploma in Automobile Production
Engineering, he was clearly ineligible.
10. It also appears that in the rules, a slash (/) should have normally figured after the word “Automobileâ€, for which a recommendation has since
been made. In any case, it is clear that the petitioner does possess a degree in Mechanical Engineering, as has been clarified not only by the parent
University of the petitioner but even as per the recommendations made by the Committee. The petitioner could not have been expected to produce a
degree for proving his eligibility as regards qualification, when no such degree as degree in “Automobile Production Engineering†could have ever
been issued by any university in the Country. Lex Non Cogit Ad Impossibilia is a famous maxim, which can aptly be applied in the present case.
Having considered the issue in its entirety and having perused the material on record, it is clear that the Degree in Production Engineering is separate
and independent from the Degree in Automobile Engineering.
11. In my view, the petitioner could not have been held to be ineligible for appointment as Junior Engineer, Mechanical and in fact must be deemed to
possess the requisite eligibility qualification. This Court, by virtue of order dated 10.04.2018, while admitting the petition had directed the respondents
to consider the petitioner as eligible and process his case for appointment, which however has not been done till date. Be that as it may, this petition is
allowed. Order impugned dated 17.08.2015 is quashed. The respondents shall consider the petitioner as eligible and process his case for appointment.
The Services Selection Board shall make appropriate recommendation in favour of the petitioner to the Government within a period of two weeks’
from the date, a certified copy of this order is made available to SSB through the petitioner. The Government shall issue appointment order in favour
of the petitioner positively within a period of ten days’ thereafter. The petitioner shall be entitled to all consequential benefits (except monetary
benefits) with effect from the date similarly situate were so appointed in the said process of selection.
12. Disposed of accordingly, along with connected IAs.
