NDLI: Ritu Bhatia Vs. Ministry of Civil Supplies Consumer Affairs & Public Distribution and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	no requisite experience Company Secretary Terminated Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Service Law – Termination – Respondent no.2 invited applications for the post of Company Secretary – Advertisement provided for five years post qualification mandatory experience as a Company Secretary as on 30.11.2013 in a PSU/Private Company of repute – Appellant applied for the post of Company Secretary and was appointed to the post of Company Secretary –Appellant’s service terminated by respondent no.2 on the ground that she did not have the requisite five years’ experience for the post of Company Secretary – Challenge by appellant before the High Court, dismissed – Held: As per appellant she was working as Assistant Company Secretary for the period between June 2008 to May 2010 in Utkal Investments Limited, as Management Trainee in the Delhi Stock Exchange Association Limited for the period between April 2005 to June 2006, and as Management Trainee in ONGC for the period between May 2003 to June 2004 – Her appointment as Management Trainee cannot be equated and/or considered as appointment ‘as’ a Company Secretary – Word ‘as’ used in the advertisement should be given a literal meaning – It cannot be said that the appellant had, while working as a ‘Management Trainee’,functioned ‘as’ a ‘Company Secretary – Word ‘as’ and the words‘experience as Company Secretary’ used in the advertisement are very clear and means that the candidate ought to be appointed and worked ‘as’ a Company Secretary – Appellant had no experience of five years ‘as Company Secretary and she did not fulfil the eligibility criteria of having five years post qualification experience‘as’ Company Secretary as on 30.11.2013 – Services of the appellant rightly terminated.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 138
Petitioner	Ritu Bhatia
Respondent	Ministry Of Civil Supplies Consumer Affairs & Public Distribution And Others
SCR	[2019] 3 S.C.R. 663
Judgement Date	2019-02-05
Case Number	1467

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Ritu Bhatia Vs. Ministry of Civil Supplies Consumer Affairs & Public Distribution and Others

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Ritu Bhatia Vs. Ministry of Civil Supplies Consumer Affairs & Public Distribution and Others

Ritu Bhatia Vs. Ministry of Civil Supplies Consumer Affairs & Public Distribution and Others

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