Holding

When experience is prescribed in addition to a qualification, it must be acquired after obtaining that qualification; the respondent’s experience fell short, rendering him ineligible for appointment.

Summary

The respondent applied for the post of Junior Operator in Indian Airlines Ltd. in 1997, which required either a diploma in Mechanical/Electrical/Automobile Engineering with two years of post‑qualification experience and a heavy‑vehicle licence, or an ITI certificate with five years of post‑qualification experience and a heavy‑vehicle licence. The respondent held an ITI certificate since 1994 and a diploma obtained in April 1996, but his experience was accrued before obtaining these qualifications, leading the employer to reject his application. He filed a writ petition, and the Madras High Court Single Judge held that he satisfied the qualifications; the Division Bench upheld that view. On appeal, the Supreme Court examined the recruitment notice and the rule that experience must be computed after the date of acquiring the necessary qualification. It held that the respondent’s experience fell short of the required post‑qualification period for both qualification routes, and therefore he was not eligible for appointment. Consequently, the Court allowed the appeals, set aside the High Court order, and dismissed the writ petition.

Issues considered

Whether the experience required for the Junior Operator post must be counted only after the date of acquiring the prescribed qualification.
Whether the respondent satisfied the combined qualification and experience criteria as stipulated in the recruitment notice.
Whether the High Court's interpretation of the experience requirement was legally correct.

Subjects

appointmentexperience requirementqualificationservice lawrecruitmentheavy vehicle licencepost‑qualification experience

Judgment

A INDIAN AIRLINES LTD. AND ORS. I
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
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

H Allowing the appeals, the Court
548
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, I19951 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
G
RAJENDRA BABU, J. Leave granted.

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 Mechanical
Engineering, which was obtained in April, 1996 and on 9.1.1987 he was
B granted a licence to drive light motor vehicle and subsequently the same was
endorsed on 29.6.1994 to drive the heavy motor vehicles as well. On the
ground that the respondent did not possess two years experience in heavy
vehicle driving after his acquiring diploma in Mechanical/Electrical/ Automobile
Engineering, the respondent was not selected for the said post. Thereafter he
filed a writ petition before the High Court. The learned Single Judge held that
C the respondent possesses the necessary qualification for being appointed as
a Junior Operator and held the action of appellant No. 1 in not appointing him
and giving him a posting, arbitrary and, therefore, granted the relief. The writ
appeal filed against the same also being unsuccessful, these appeals are
preferred by special leave.

D The short point for consideration is as to what is the job requirement
of the Junior Operator and they are set out in the employment notice which
reads as under :

"To drive, position, connect and operate Ground Support Equipments,
including driving of Transport Vehicles. To carry out refueling, oiling,
E air-charging, battery replacement and daily checks of Group Support
Equipment/Vehicles. To perform incidental paper work for recording,
reporting incidents/accidents, operations, maintenance, etc. To assist
Operators/Technicians in performance of their jobs. To tow aircraft
and other Ground Support Equipment/dolleys, trolleys, etc. as per laid
down procedures. To keep current licences/permits required for
F
operation/driving of vehicles/equipments as laid down from time to
time."

Under the relevant rules, the qualification prescribed is as follows:

"2.1 S.S.C. or its equivalent with three years Government recognised
G diploma in Mechanical/Electrical/Automobile Engineering and having
two years experience in equipment operations or driving and
possessing current heavy vehicle driving licence.

OR

H 2.2 S.S.C. with LT.I. certificate or equivalent in Associated Trades of
INDIAN AIRLl:-.IES LTD. v. S. GOPALAKRISHNAN [RAJENDRA BABU. J] 55 \

Mechanical/Electrical/ Automobile courses and having five years A
experirnce in equipment operating or driving and possessing current
heavy vehicle driving licence."

The respondent has obtained the IT! certificate in June 1994 and he had
about five years of experience after obtaining the certificate and diploma in
Mechanical Engineering was obtained in April 19%. In any event, it is clear B
that the experience obtained by him falls short of the requisite qualification.
This Courl N Suresh Nathan & Anr. v. Union of India & Ors., [ 1992] Supp.
I SCC 584; Gurdia/ Singh & Anr. v. State of Punjab, [ 1995] 3 SCC 332 and
A nil Kumar Gupta & Ors. v. Municipal Corporation of Delhi & Ors., (2000]
I SCC 128, has explained the necessity to obtain experience after obtaining C
the 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 !TI certificate in the year 1994 and, therefore, did not possess D
five years of experience as required under the relevant rule. If his qualification
as a diploma holder in Mechanical Engineering is taken note of, he has not
completed three years of experience as he got the same in April, 1996 and on
relevant date he did not possess such qualification. Indeed in prescribing
qualification and experience, it is also made clear in the general information
instruction at Item No.6 that "experience will be computed after the date of E
acquiring the necessary qualifications''. Therefore, when this requirement was
made very clear that he should have experience only after acquiring the
qualification, the view taken by the High Court to the contrary either by the
learned Single Judge or the Division Bench does not stand to reason.

Therefore, we allow th~se appeals, set aside the order made by the High
F
Court and dismiss the writ petition filed by the respondent in the High Court.
No costs.

K.K.T. Appeals allowed.