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Supreme Court of India 2019-12-06 allowed

RAJESH KUMAR DWIVEDI vs STATE OF UP

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

The appellant applied for the post of Instructor in Fitter at a Government Industrial Training Institute, holding three separate National Trade Certificates (one year basic training in Mechanical Group and two six-month modules in Fitter General and Metrology & Engineering Inspection). The State rejected his candidature as not possessing the required two-year NCVT certificate in the concerned trade. However, the Supreme Court held that the Government of India's 1983 Circular had prescribed these three modules as equivalent to a two-year Fitter qualification, and the State Government had itself issued circulars in 1988 and 1992 recognizing such equivalency. The Court ruled that the appellant's qualifications were valid and his rejection was unjustified, allowing the appeal and directing the State to appoint him within two months.

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