Mukul Kumar Tyagi v. The State of Uttar Pradesh & Ors., 2024 INSC 83
The Supreme Court recently reprimanded the Uttar Pradesh Power Corporation Limited (UPPCL) for wrongfully terminating candidates who possessed the necessary computer literacy certificate during their interview, as specified in an advertisement dated September 6, 2014, for Technical Grade-II (Electrical) positions. Although these candidates provided the certificate during the interview, UPPCL dismissed them, interpreting that the certificate should have been held by the last date of application submission.
A bench of Justices B.R. Gavai and K.V. Viswanathan ruled in favor of reinstating the candidates who met the certificate requirement at the interview stage, clarifying that UPPCL misinterpreted a single judge’s order from the Allahabad High Court. The order only required exclusion from the Select List of those without a valid certificate at the interview, not of candidates who met the certification requirement during the interview process.
The Supreme Court invoked Article 142 of the Constitution, directing that eligible candidates with valid certificates at the time of the interview should be reinstated and retain their original seniority positions in the Select List. Only candidates without valid certification by the interview date were considered ineligible.
Case Background
UPPCL, following the U.P. State Power Parishad Operative Employees Cadre Service Regulations, 1995, mandated a DOEACC-issued Course on Computer Concepts (CCC) certificate as a prerequisite for Technical Grade-II positions. This requirement, introduced via a 2011 amendment, stated that the certificate must be presented at the interview.
In 2014, UPPCL’s advertisement for 2,211 Technician Grade-II roles mandated the CCC certificate. When appointments were made based on the Select List dated July 14, 2015, unsuccessful candidates challenged the list in the Allahabad High Court, arguing it included ineligible candidates. The single judge ordered UPPCL to exclude those who did not have the required certificate by the interview date.
UPPCL subsequently revised the list, terminating employees who lacked a certificate as of September 30, 2014, even if they provided it during the interview.
Legal Proceedings
The affected candidates appealed their termination in the Allahabad High Court. In May 2019, the court reversed the single judge’s ruling, permitting self-certified computer literacy certificates. However, the Supreme Court, in December 2019, reinstated the single judge’s directive, affirming that only DOEACC/NIELIT-issued CCC certificates were valid.
The terminated candidates then approached the Supreme Court, requesting reinstatement on the basis of their certificate presentation during the interview.
Supreme Court’s Decision
The Supreme Court criticized UPPCL for its inconsistent approach regarding the CCC certificate requirement, ruling that candidates who held valid certificates by the interview date should not have been dismissed. The Court ordered their reinstatement and placement on the original seniority list, affirming that UPPCL’s misinterpretation led to an unfair termination process.
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