CWP-25072-202 IN TH Shaminder Sin State of Punjab CORAM: Present: NAMIT KUM 1. by filing the i seeking issuan participate in t advertised vid P-1), and furth 2. petition are th (PSPCL) issu (Annexure P inviting online claiming to fu submitting on 2024 (O&M) (1) IN THE HIGH COURT OF PUNJA AT CHANDIGAR er Singh & others Versus Punjab & others HON’BLE MR. JUSTICE NAM Mr. Anil Gupta, Advocate, for the Mr. Karunesh Kaushal, AAG, Pun Mr. Gurnoor Singh Sethi, Advoca Mr. Harneet Singh Oberoi, Advoc KUMAR, J. The petitioners have invoked the the instant petition under Article 226 issuance of directions to the responde te in the selection process for the post ed vide advertisement No.CRA 301/23 d further to consider and appoint them Briefly stated, the facts of the cas are that respondent No.2 – Punjab S issued an advertisement No.CRA re P-1) for recruitment of 2500 posts online applications from the eligible to fulfill the prescribed eligibility ng online application forms. Therea UNJAB AND HARYANA IGARH CWP-25072-2024 (O&M) Date of Decision: 12.08.2026 …Petitioners …Respondents NAMIT KUMAR for the petitioners. G, Punjab. dvocate, for respondents No.2 & 3. Advocate, for respondents No.4 & 6. the writ jurisdiction of this Court cle 226 of the Constitution of India, pondents to permit the petitioners to e post of Assistant Lineman (ALM), 301/23 dated 15.12.2023 (Annexure t them on the said post. the case as have been pleaded in the njab State Power Corporation Ltd. o.CRA 301/23 dated 15.12.2023 posts of Assistant Lineman (ALM) ligible candidates. The petitioners, bility, applied for the said post by Thereafter, they were issued admit & 6. ourt , to , xure n the Ltd. 2023 LM) ners, by dmit VIMAL KUMAR 2026.08.17 11:08 I attest to the accuracy and authenticity of this order/judgment. CWP-25072-202 cards for ap Subsequently, document veri were excluded advertisement Certificate in t possessed Nat Aggrieved by approached thi 3. has been filed Secretary (Rec 2024 (O&M) (2) r appearing in the written examinati ently, they were placed in the me verification. However, upon scru cluded from the zone of consideratio ement, the prescribed qualification te in the ‘Lineman Trade’ was require National Apprenticeship Certificat by their exclusion from the selectio hed this Court. Written statement on behalf of re n filed by way of affidavit of Er. S Recruitment), PSPCL, wherein it ha “2. That it is most respectfully Corporation issued Adve bearing No.CRA 301 of 2 Assistant Lineman were advertisement, the prescr down in consonance with State Power Corporation Class (III) Regulations, 19 No. 04/2018 dated qualification stipulated th below for ready reference: (i) Matriculation Apprenticeship Cer Trade. (ii) The candidates i.e., Degree/ Diplom will be considered mination, which they duly cleared. he merit list and were called for scrutiny of their documents, they ideration on the ground that as per cation of National Apprenticeship required and, whereas the petitioners rtificate in the ‘Electrician Trade’. election process, the petitioners have f of respondents No.2 & 3 – PSPCL Er. Sanjay Kumar Kumra, Deputy in it has been stated as under: ully submitted that the respondent- Advertisement dated 15.12.2023 of 2023, whereby 2500 posts of ere advertised. As per the said escribed qualifications were laid with Regulation 9 of the Punjab tion Limited Technical Services s, 1996, as amended vide Circular d 29.08.2018. The essential d therein has been reproduced ce: tion or equivalent and National Certificate (NAC) in Lineman tes who possess higher education iploma in Electrical Engineering red only if they have minimum ared. for they s per eship ners . have PCL puty - 23 of aid aid jab ces lar tial ced nal an ion ing um VIMAL KUMAR 2026.08.17 11:08 I attest to the accuracy and authenticity of this order/judgment. CWP-25072-202 2024 (O&M) (3) qualifications i.e., Certificate in Linema Note: Candidate(s) Apprenticeship Certi the last date of sub application. 3. That the Computer Based Assistant Lineman under C 23.06.2024, and the result official website of PSPC thereto, 2532 candidates called for document Document Checking Com 10.09.2024. Upon com verification process, 1193 c and have accordingly been for appointment to the pos advertisement no.CRA 301 4. That at the outset, it is r present writ petition is no form. The petitioner s candidature for appointm Lineman pursuant to Adv (Annexure P-1), by pray possessing a National A Lineman Trade be igno Apprenticeship Certificate as an equivalent and vali petitioner has neither chal CRA 301/23 dated 15.12.2 Punjab State Power Co Services Class (III) Regula Circular No. 04/2018 specifically prescribe the i.e., National Apprenticeship neman Trade. e(s) must have passed National Certificate in Lineman Trade up to submission/registration of online ased Test (CBT) for the post of er CRA 301/23 was conducted on esult thereof was uploaded on the SPCL on 07.08.2024. Pursuant tes who qualified the CBT were nt verification before various Committees from 23.08.2024 to completion of the document 193 candidates were found eligible been placed on the selection panel e post of Assistant Lineman under 301/23. is respectfully submitted that the is not maintainable in its present r seeks consideration of his intment to the post of Assistant Advertisement dated 15.12.2023 praying that the requirement of al Apprenticeship Certificate in ignored and that his National cate in Electrician Trade be treated valid qualification. However, the challenged the Advertisement No. .12.2023 nor Regulation 9 of the Corporation Limited Technical egulations, 1996, as amended vide 18 dated 29.08.2018, which the essential qualification for the hip nal to ine of on the ant ere ous to ent ble nel der the ent his ant 23 of in nal ted the No. the cal ide ich the VIMAL KUMAR 2026.08.17 11:08 I attest to the accuracy and authenticity of this order/judgment. CWP-25072-202 4. has also been Officer, Nation Development a 5. Apprenticeship is equivalent t In support of No.01/TTI-487 P-8), whereby for Apprentice submitted that 2024 (O&M) (4) post. In the absence of any provisions, the relief sough granted.” A separate written statement on b been filed by way of an affidavit o National Skill Training Institute Lud ment and Entrepreneurship, wherein it “11. That in response to Parag petition, it is submitted tha Lineman and Electrician t job description/occupation the two trades. The objecti and Electrician is differe some similarity in the syll suitability of the petitioner they have acquired NAC upon the Recruitment Rule PSPCL, the recruiter in no.2. The syllabus of the Electrician may bear some the two and the training im other.” Learned counsel for the petition iceship Certificate acquired by the pe alent to the National Apprenticeship C rt of the said contention, reliance has 487/57/Apprenticelineman/2022- ereby online applications were invite renticeship in Lineman Trade for the s d that the said notification permitted f any challenge to these governing ought by the petitioner cannot be t on behalf of respondents No.4 & 6 avit of Mr. Karnail Singh, Training e Ludhiana, DGT, Ministry of Skill erein it has been stated as under: ragraph No.11 of the present writ d that the syllabus for the NAC in ian trade (R-1). This indicates the tion which is clearly different for jective of the two courses-Lineman fferent. However, there could be syllabus of the two courses. The oners for the post of lineman when AC in Electrician trade depends Rules for the post as specified by in this case i.e. the Respondent the two trades i.e. Lineman and ome similarity but the objectives of ng imparted is different from each etitioners submits that the National the petitioners in ‘Electrician Trade’ ship Certificate in ‘Lineman Trade’. ce has been placed upon Notification -23 dated 24.02.2023 (Annexure invited ‘for selection of candidates r the session 2022-23’. It is further mitted candidates possessing ITI in ing be & 6 ining Skill rit in the for an be he en nds by ent nd s of ch ional ’ . ation xure dates rther TI in VIMAL KUMAR 2026.08.17 11:08 I attest to the accuracy and authenticity of this order/judgment. CWP-25072-202 Wireman/Elec referred to par N p 6. qualification prescribed in erroneously ex of their docum be directed to directions be is 7. submits that qualification p with Regulatio Services Class from the zone submits that adjudicated in eligibility wit domain of the upon the judg 2024 (O&M) (5) Electrician Trade for Apprenticeshi to para 2 of the said notification, whic “Essential Qualification: Candidate must have done ITI in Trade (Certificate should be duly Note: Candidates whose resu publically declared till the last d only be eligible to apply.” Learned counsel for the petitione tion possessed by the petitioners is e ed in the advertisement, therefore excluded from the zone of consid documents. Learned counsel, therefo ted to consider the petitioners as eligib s be issued to issue them appointment Per contra, learned counsel repre that since the petitioners admittedly tion prescribed under the advertisem gulation 9 of ‘the Punjab State Power C Class (III) Regulations, 1996’, they e zone of consideration at the time o that the question of equivalence of qua ted in exercise of the writ jurisdict ty with reference to the prescribed of the employer. In support of his con e judgment of Hon’ble Supreme C ticeship in Lineman Trade. He has , which reads as under: I in WIREMAN or ELECTRICIAN duly issued by NCVT/SCVT). results have been officially and st date of online registration shall titioners, thus, submits that since the rs is equivalent to the qualification refore, the petitioners have been consideration at the time of scrutiny therefore, prays that the respondents eligible for the post in question and ntment letters. l representing respondents No.2 & 3 ittedly do not possess the essential ertisement, which is in consonance ower Corporation Limited Technical they have rightly been excluded time of final selection. He further of qualification cannot ordinarily be risdiction, as the determination for ribed qualification falls within the is contention, he has placed reliance me Court in Maharashtra Public has AN nd all e the ation been utiny dents nd & 3 ntial ance nical uded rther be for the iance lic VIMAL KUMAR 2026.08.17 11:08 I attest to the accuracy and authenticity of this order/judgment. CWP-25072-202 Service Comm others, 2019 (6 8. the record. 9. whether the p ‘Electrician Tr Assistant Line said post as p Certificate in ‘ 10. dated 15.12.2 applications fo appear in the and verificatio while the peti Apprenticeship Apprenticeship not found elig stage of final s 11. The same has Kant & others the challenge Corporation L amended by ci 2024 (O&M) (6) ommission through its Secretary Vs 19 (6) SCC 362. I have heard learned counsel for The only question, which arise the petitioners, who possess National Trade’ can be treated as eligible f t Lineman (ALM) when the essential st as per advertisement is possession te in ‘Lineman Trade’. The facts are not in dispute that 5.12.2023 (Annexure P-1), the petit ions for the post of Assistant Lineman n the written examination. Thereafter ification of their documents and at th petitioners do not possess the requ iceship Certificate in ‘Lineman Trade iceship Certificate in ‘Electrician Tra d eligible and were excluded from th final selection. The issue raised in the present pe has been considered by a Division thers Vs. State of Punjab & others llenge was laid to Regulation 9 o tion Limited Technical Services Clas d by circular No.04/2018 dated 29.08. y Vs. Sandeep Shriram Warade & sel for the parties and have perused arises for consideration, is as to ational Apprenticeship Certificate in gible for appointment to the post of sential qualification required for the ion of National Apprenticeship e that pursuant to the advertisement petitioners submitted their online neman (ALM) and were permitted to reafter, they were called for scrutiny d at that stage, it was revealed that e required qualification of National Trade’ and they possessed National an Trade’. Consequently, they were rom the zone of consideration at the ent petition is no longer res integra. ivision Bench of this Court in Ravi thers, 2023 (3) SLR 343, wherein n 9 of the ‘Punjab State Power s Class (III) Regulations, 1996’, as 29.08.2018, issued by the PSPCL to e & used s to te in st of r the eship ment nline ed to utiny that ional ional were t the . avi erein ower as L to VIMAL KUMAR 2026.08.17 11:08 I attest to the accuracy and authenticity of this order/judgment. CWP-25072-202 the extent of Certificate (NA 15.07.2022, selection/appo said advertise argument rais Corporation Advertisement Lineman (AL Certificate (NA judgment in was held as un A 2024 (O&M) (7) nt of the requirement of possession te (NAC) in reference to Advertisem , wherein the requisite el /appointment of 1690 posts of Assista vertisement also, the same qualifica t raised on behalf of the petition tion i.e. the Punjab State Tran ement No.CRA 11/2021 had also ad (ALM) and the requirement of te (NAC) was not a condition preced t in Maharashtra Public Service C as under: “3. A perusal of the paper-bo against the said advertisement, on deposited, which was issued f Assistant Lineman (ALM) in d advertisement dated 15.07.2022, extended till 20.09.2022 as per (Annexure P-3). The essential advertisement read as under:- Name of Post No. of Posts Basic and pr Assistant Lineman (ALM) 1690 i) Matricu National Ap in Lineman T ii) The can education Electrical E only if they i.e., Nationa Lineman Tra Note: Candi Apprenticesh session of National Apprenticeship ertisement No.CRA 299/2022 dated te eligibility qualification for Assistant Lineman was fixed. In the alification was advertised and the etitioners therein was that Sister Transmission Corporation vide lso advertised the post of Assistant t of the National Apprenticeship precedent. While relying upon the ce Commission’s case (supra), it book would gone to show that nt, online registration fee was to be ed for filling up 1690 posts of in different categories. For the 022, the last date has now been public notice dated 26.08.2022 ntial qualifications as per the d professional qualification triculation or equivalent and l Apprenticeship Certificate (NAC) an Trade. candidates who possess higher n i.e. Degree/Diploma in al Engineering will be considered they have minimum qualifications ional Apprenticeship Certificate in Trade. andidate(s) should have National iceship certificate in lineman trade eship ated for n the the ister vide stant eship n the , it hat be of the een 22 the nd C) her in red ons in nal de VIMAL KUMAR 2026.08.17 11:08 I attest to the accuracy and authenticity of this order/judgment. CWP-25072-202 A p N p fr 2024 (O&M) (8) as on comm document ch 4. The said requirement is in in the regulations. Apparent requirement, petitioners who are various representations. A perus of 2021 issued by the Sister Assistant Lineman (ALM) would provided for the eligibility qua matriculation or its equivalent lev Electrician/Wireman Trade from 5. It is, thus, apparent that bo separate legal entities have qualifications differently as pe because the Transmission Corpor National Apprenticeship Certific such would not make it an a principle of law that it is for the the qualifications for appointme question the same as it is for t employer would best suited to s are required to ensure where th any impediment. It is for them to from which it recruits as having t 6. Reliance can be placed up Court in Maharashtra Public Se Secretary Versus Sandeep Shrira 3 SCT 18, wherein it was held as “The essential qualificatio are for the employer to prescribe additional o including any grant of pref is best suited to decide the ommencement of first day of first nt checking schedule. is in view of the amendment made rently aggrieved by the said are not having the NAC had filed erusal of the advertisement No.11 ter Corporation for the post of ould also go to show that it has qualification of Punjabi pass of nt level and full time regular ITI in rom a recognized Institution. at both the Corporations which are ve provided for the essential s per their requirement. Merely rporation has not provided for the rtificate in the Lineman's trade as n arbitrary action. It is settled the employer as such to lay down ntment and not for the Court to for the employer as such, as the to see what kind of qualifications e the work is carried out without to appropriate and limit the pool ing the requisite skill. d upon the judgment of the Apex ic Service Commission through its hriram Warade and others, (2019) as under:- cations for appointment to a post r to decide. The employer may or desirable qualifications, preference. It is the employer who the requirements a candidate must irst de aid led .11 of has of I in are tial ely the as led wn to the ons out ool pex its 19) ost ay ns, ho ust VIMAL KUMAR 2026.08.17 11:08 I attest to the accuracy and authenticity of this order/judgment. CWP-25072-202 fo 2024 (O&M) (9) possess according to the nature of work. The court of eligibility, much less ca regard to desirable qualifi essential eligibility by an advertisement. Questions outside the domain of judi the advertisement and th cannot sit in judgment o ambiguity in the advertise rules or law the matter ha authority after appropri accordance with law. In n garb of judicial review, sit authority to decide what interpret the conditions of the plain language of the sa 7. It is not in dispute that Certificate in the Lineman's trade duration. The amendment as suc 2018 and a period of four ye advertisement was issued and su the aspirants as such to have g recognized Government institutio right as such with the petitioners. 8. We are of the considered such is based on the fact that th made the necessary amendment i two separate legal entities and th as one is created for the Trans other is a Power Corporation. 9. It is, thus, not for this Cour foist upon the unwilling employer scale recruitment of a specialized needs of the employer and the urt cannot lay down the conditions ss can it delve into the issue with ualifications being at par with the an interpretive re-writing of the ons of equivalence will also fall judicial review. If the language of d the rules are clear, the Court nt over the same. If there is an rtisement or it is contrary to any r has to go back to the appointing opriate orders, to proceed in In no case can the Court, in the sit in the chair of the appointing hat is best for the employer and s of the advertisement contrary to he same.” that the National Apprenticeship trade is a certificate of six months' s such was carried out in the year r years has elapsed before the d sufficient time was available to ve got such certificates from the itution and then there is no vested ers. red opinion that the challenge as at the Sister Corporation has not ent is without any basis as they are d the role as such is also different ransmission process whereas the Court to substitute his opinion and loyer, the qualifications for a large lized job. Resultantly, we are of the the ons ith the the fall of urt an ny ing in the ing nd to hip ths' ear the to the ted as not are ent the nd rge the VIMAL KUMAR 2026.08.17 11:08 I attest to the accuracy and authenticity of this order/judgment. CWP-25072-202 p 12. Division Benc Vs. Punjab 21.02.2023 an passed: L A 13. upon notificat invited online Lineman Trad have complete Lineman is co 2024 (O&M) (10) considered opinion that no cas prayer made in the writ petition same.” The aforesaid view was subseq Bench of this Court in CWP-3455-20 jab State Power Corporation Lt 23 and while agreeing with the reaso “Notice of motion. Mr. Aman Pal, Advocate a respondents. Heard both sides. It is brought to our notic regard to Regulation 9 of the Pu Limited Technical Services Cla amended by circular No.04/2018 issued by the Punjab State Powe extent of the requirement Apprenticeship Certificate for L Court in CWP-22426-2022 on 2 reasons. We agree with the reasons merit in the instant Writ Petitio Petition is dismissed.” So far as argument raised on be tification dated 24.02.2023 (Annexu online applications ‘for selection of ca Trade for the session 2022-23’ from mpleted ITI in Wireman/Electrician is concerned, the same has no for case is made out to accept the tion and therefore, we dismiss the subsequently followed by another 2023 titled ‘Atma Ram & others Ltd. & another’ decided on reasoning, the following order was ate accepts notice on behalf of the otice that similar challenge with e Punjab State Power Corporation Class (III) Regulations, 1996 as 018 dt.29.08.2018 (Annexure P-1) Power Corporation Limited to the nt of possession of National or Lineman, was rejected by this on 28.09.2022 by giving elaborate sons furnished therein and find no etition. In view thereof, this Writ on behalf of the petitioners based nnexure P-8), wherein PSPCL had of candidates for Apprenticeship in from amongst the candidates who trician Trade for Apprenticeship in no force in the eyes of law, as the the the other ers on was the ith ion as 1) the nal his ate no it ased had ip in who ip in s the VIMAL KUMAR 2026.08.17 11:08 I attest to the accuracy and authenticity of this order/judgment. CWP-25072-202 admission to appointment t fulfill the esse consonance w between eligib appointment to 14. petitioners adm for the post o Certificate (NA be treated as e ‘Lineman Trad 15. petitioners fro exercise of w accordingly, di 12.08.2026 Vimal 2024 (O&M) (11) n to an Apprenticeship Course cannot ent to a particular post particularly e essential qualification prescribed in nce with Regulation 9 of 1996 Regula eligibility to undergo apprenticeshi ent to a particular post cannot be ove In view of the above discussio rs admittedly do not possess the ess post of Assistant Lineman (ALM). te (NAC) possessed by the petitioner d as equivalent to National Apprentic n Trade’, specifically prescribed under Consequently, the action of the rs from the zone of consideration of writ jurisdiction of this Cou gly, dismissed. Whether speaking/reasoned Whether reportable cannot be equated with eligibility for ularly when the candidate does not bed in the advertisement, which is in Regulations. Further, the distinction ticeship training and eligibility for be overlooked. scussion, this Court finds that the he essential qualification prescribed LM). The National Apprenticeship itioners in ‘Electrician Trade’ cannot renticeship Certificate (NAC) in the under the advertisement. f the respondents in excluding the ration warrants no interference in s Court. The instant petition is, (NAMIT KUMAR) JUDGE Yes/No Yes/No y for s not is in ction for t the ribed eship nnot n the the e in is, VIMAL KUMAR 2026.08.17 11:08 I attest to the accuracy and authenticity of this order/judgment.