Research › Search › Judgment

Delhi High Court · body

2009 DIGILAW 123 (DEL)

ATHAR PERVAIZ v. N. T. P. E. LTD.

2009-01-29

AJIT PRAKASH SHAH, SANJIV KHANNA

body2009
ORDER 1. The appellant had applied for appointment as an Assistant Engineer (Operation and Maintenance) with National Thermal Power Corporation Ltd. (NTPC) but was not considered on the ground that he did not fulfil requisite one year of post-qualification experience as prescribed in the advertisement. 2. The appellant has a degree in B.E.(Civil) course from University of Kashmir, Srinagar, J and K. It is the contention of the appellant that he had appeared in the final year exam in June and July, 1999 and his results were declared on 30.12.1999 but he had started working as a Civil Engineer with a company at Rajouri, Jammu from August, 1999 onwards. According to the appellant, work experience from August, 1999 onwards till 30.12.1999 when B.E. final examination results were declared should be counted as a work experience. On the other hand, it is the contention of the respondent-NTPC that work experience after declaration of the results on 30.12.1999 could only be taken into consideration. The appellant, therefore, did not meet the eligibility requirement. 3. We have examined the advertisement pursuant to which the appellant had applied for appointment to the post of Assistant Engineer (Operation and Maintenance). The relevant clauses read as under: "Minimum Post-Qualification Experience 1 year post-qualification relevant experience.......... Training period, if any, shall not be considered for reckoning post qualification experience." The minimum post-qualification experience as prescribed was one year. In view of the terms of the advertisement and the clauses quoted above, we do not think experience from August 1999 till declaration of final BE results on 30.12.1999 can be counted as a post-qualification experience. The appellant qualified and got degree in BE (Civil) only on declaration of results on 30.12.1999. Experience after the said date can be counted as post-qualification experience. Experience/ training before the said date is not a post-qualification experience but experience prior to qualification. Pre-qualification experience cannot be counted as per specific term of the advertisement. 4. Same view has been taken by the learned Single Judge in his judgment dated 4.1.2002. We do not see any reason to defer and take a different view. Experience/ training before the said date is not a post-qualification experience but experience prior to qualification. Pre-qualification experience cannot be counted as per specific term of the advertisement. 4. Same view has been taken by the learned Single Judge in his judgment dated 4.1.2002. We do not see any reason to defer and take a different view. Learned Single Judge has also referred the judgment of the Supreme Court in Indian Airlines Limited v. S. Gopalakirshna, VIII (2000) SLT 805= 2001 (2) SCC 362 , in which it has been held that if the rule prescribes and recognises experience after acquiring requisite qualification, then experience gained before acquiring said qualification cannot be counted and computed for deciding whether a candidate meets the eligibility criteria. We may add that the advertisement in the present case is clear and specific and makes reference to one year post-qualification experience and it also states that training period, if any, shall not be considered for reckoning post-qualification experience. We do not think it will be proper to give any other interpretation to the said clauses or modify or change them. 5. Decision in Anil Kumar Gupta v. MCD, 10 (1999) SLT 487= (2000) 1 SCC 128 , relied upon by the appellant in the grounds of appeal, was considered by the Suprpme Court in Shailendra Dania v. S.P. Dubey and Ors., V (2007) SLT 440= (2007) 5 SCC 535 , and it was held that the relevant clause or the rule has to be interpreted. When the rule or the clause requires post-degree experience, professional experience prior to the degree cannot be taken into consideration. However, when the rule or clause merely prescribes experience, without or irrespective of the date of the degree, their entire experience has to be counted. We have examined the relevant clauses of the advertisement, we feel that only post-degree experience could be counted i.e. experience after the declaration of result on 30.12.1999 can be counted and the experience prior to the said date cannot be counted in terms of the clause mentioned in the advertisement. In view of the above findings, we do not find any merit in the appeal and the same is dismissed. Appeal dismissed.