LexINDIAN AIRLINES LTD. AND ORS. versus S. GOPALAKRISHNAN
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A INDIAN AIRLINES LTD. AND ORS. v. S. GOPALAKRISHNAN DECEMBER 12, 2000 B [S. RAJENDRA BABU AND SHIVARAJ V. PATIL, JJ.] Service Law Appointment-To the post of Junior Operator in Indian Airlines Ltd- C Qualification for·-Experience required for the date of acquiring necessary qualification-Respondent not having required experience after the date of qualification-Whether qualified to be appointed to the post-Held, no, since experience obtained by the respondent falls short of the requisite qualification-When in addition to qualification, experience is prescribed, it D would only mean acquiring experience after obtaining the necessary qualification and not before obtaining such qualification. The respondent made application for appointment to the post of Junior Operator with the appellant in 1997. Qualification for the post was that the candidate should have diploma in Mechanical/Electrical/Automobile E Engineering, having two years experience in eq11ipment operating or driving and possessing current heavy vehicles driving licence or should have ITI certificate, having five years experience in equipment operating or driving and possessing current heavy vehicles driving licence. It was made clear in general information instruction that the experience was to be computed from the date of acquiring the necessary qualification. The respondent possessed F an ITI certificate since 1994 and a diploma in Mechanical Engineering since 1996. He possessed licence to drive heavy motor vehicles since 29.6.1994. He was not appointed on the ground that he did not possess two years experience in heavy vehicle driving after his acquiring diploma in Mechanical/ Electrical/Automobile Engineering. G H Respondent filed a writ petition which was allowed by Single Judge holding that the respondent possessed the necessary qualification for being appointed to the post. Writ appeal against the same was dismissed. Hence this appeal Allowing the appeals, the Court 548 I ' / INDIAN AIRLINES LTD. v. S. UOPALAKRISHNAN [RAJENDRA BABU. J] 549 HELD : The experience obtained by the respondent falls short of the A requisite qualification. When in addition to qualification, experience is prescribed, it would only mean acquiring experience after obtaining the necessary qualification and not before obtaining such qualification. In the case of the respondent, he obtained the ITI certificate in the year 1994 and, therefore, did not possess five years of experience as required under the B relevant rule. If his qualification as a diploma holder in Mechanical Engineering is taken note of, he has not completed two years of experience as he got the same in April 1996 and on relevant date he did not possess such qualification. When the requirement was made very clear that he should have experien.:e only after acquiring the qualification, the view taken by the High Court to the contrary either by the Single Judge or the Division Bench does C not stand to reason. 1551-B, D, El N. Suresh Nathan & Anr. v. Union of!ndia & Ors., 119921Suppl.1 SCC 128; Gurdial Singh & Anr. v. State of Punjab, I 19951 3 SCC 332 and Anil Kumar Gupta & Ors. v. Municipal Corporation of Delhi & Ors., (200011 SCC 128, relied on. D CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 7310-7311 of 2000 etc. From the Judgment and Order dated 22.9.99 of the Madras High Court in W. A. No. 1722 and C.M.P. No. 14937of1999. E WITH Civil Appeal Nos. 7312 and 7313 of2000. Mukul Rohtagi, AJUitional Solicitor General, K. Sukumaran, Vineet Kumar, F Ms. Nina Gupta, Ms. Arp1ta Sharma. Uday Gupta, V. Prakash, S. Vallinayagam, S. Muralidhar, Ms. Baby Krishnan, Jayanth Muthraj, N.R. Shonker and Rahul Ravindran for the appearing parties. The Judgment of the Court was delivered by RAJENDRA BABU, J. Leave granted. G Appellant No. I called for applications by notice dated 8.8.1997 for the post of Junior Operator for its Southern Region. In the said notice, the requisite qualification for appointment as a Junior Operator is that the candidate should have two years experience in equipment operating or driving and H 550 SUPREME COURT REPORTS (2000] SCPP. 5 S.C.R. A possess current heavy vehicles driving licence. It is also stated therein that the experience would be computed after the date of acquiring the necessary qualification. The respondent, who made an application for the said post, possesses an IT! certificate since 1994 and a diploma in Me
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