Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Eligibility Condition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Eligibility Condition - Appointment for the post of Assistant Manager - Written examination and Interview - Appointment of Appellant as Asstt. Manager who was serving as Technician but also discharging administrative duties - Whether experience possessed by the appellant could be considered as administrative experience to satisfy eligibility condition - Held: Officer supervising work performance of the appellant certifying that the experience possessed by him was administrative in nature - No objection raised by respondents-unsuccessful candidates at the time of issuance of Certificate nor at the time of selection - Even the administrative nature of the experience possessed by the incumbent duly endorsed by employer-Corporation - Besides, it was duly considered by Examination Committee while scrutinizing the application form before permitting him to appear in the written test - Interview Committee also considered the experience requirement and satisfied that the experience possessed by him was administrative in nature - In the past, many employees holding technical posts promoted to administrative posts - Under the circumstances, the High Court not justified in holding that the experience possessed by the incumbent could not be considered as administrative experience - Moreover, it was not open to respondent Nos.2 & 3 to challenge the selection of the appellant merely because their names did not appear in the merit list - High Court was not justified in exercising its power under Article 226 of the Constitution by granting relief to the writ petitioners-respondents - Only because the records of marks obtained by candidates could not be produced by the employer - Corporation, the appointment of incumbent could not be cancelled only on this ground - Constitution of India, 1950 - Article 226.Appellant was appointed as an X-Ray Technician in a Hospital run under the supervision and control of Ahmedabad Municipal Corporation. In the Hospital, the appellant, apart from discharging his duty as an X-ray Technician was also, regularly carrying out the clerical and administrative work in the Hospital. On 13th of November, 1997, a circular was issued by the Corporation inviting applications for appointment for the post of Assistant Manager from amongst the qualified existing employees of the Corporation. The appellant, forwarded his application in the prescribed form for appointment for the post of Asstt. Manager through the Supervising Officer. The application form, was duly scrutinized and the appellant was found eligible. Accordingly, Corporation directed him to appear for a written test. On the basis of performance and marks scored, 58 candidates, including the appellant and respondents 2 and 3 were selected and they appeared for an oral interview. The appellant was declared successful and he was appointed as Assistant Manager on a probation for a period of one year. Challenging the legality and validity of the appointments to the post of Assistant Manager made by the Corporation, a writ petition was filed by respondent Nos.2 and 3, the unsuccessful candidates, in the High Court. Single Judge of the High Court held that the appointment of the appellant by the Corporation was bad, illegal and invalid and quashed it. Aggrieved, the appellant challenged the judgment of the Single Judge, which was dismissed by the Division Bench of the High Court. Hence the present appeal.The core question that needs to be decided in. this appeal was as to whether the appellant fulfilled the requirement of ten years administrative experience for appointment for the post of Assistant Manager. |
Judge | Hon'ble Mr. Justice Tarun Chatterjee |
Neutral Citation | 2007 INSC 1031 |
Petitioner | Trivedi Himanshu Ghanshyambhai |
Respondent | Ahmedabad Municipal Corporation And Ors. |
SCR | [2007] 10 S.C.R. 1041 |
Judgement Date | 2007-10-10 |
Case Number | 4760 |
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