Airlines Ltd. & Ors Vs. S. Gopalakrishnan  INSC 644 (12 December
Appeal (civil) 7311 2000
S R Baabu,
S V Paatil
BABU, J. :
No.1 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 possess current
heavy vehicles driving licence.
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 ITI certificate since 1994 and a diploma in
Mechanical Engineering, which was obtained in April, 1996 and on 9.1.1987 he
was 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
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.
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
drive, position, connect and operate Ground Support Equipments, including
driving of Transport Vehicles.
carry out refueling, oiling, 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 operation/driving of
vehicles/equipments as laid down from time to time.
the relevant rules, the qualification prescribed is as follows: 2.1 S.S.C. or
its equivalent with three years Government recognised diploma in
Mechanical/Electrical/Automobile Engineering and having two years experience in
equipment operations or driving and possessing current heavy vehicle driving licence.
S.S.C. with I.T.I. certificate or equivalent in Associated Trades of
Mechanical/Electrical/Automobile courses and having five years experience in
equipment operating or driving and possessing current heavy vehicle driving licence.
respondent has obtained the ITI 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 1996. In any event, it is clear that the
experience obtained by him falls short of the requisite qualification. This
Court N. Suresh Nathan & Anr. vs. Union
of India & Ors., 1992 Supp.(1) SCC 584;
Singh & Anr. vs. State of Punjab, 1995
(3) 332 and Anil Kumar Gupta & Ors. vs. Municipal Corporation of Delhi
& Ors., 2000(1) SCC128, has explained the necessity to obtain experience
after obtaining the requisite qualification.
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 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 acquiring the
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.
we allow these appeals, set aside the order made by the High Court and dismiss
the writ petition filed by the respondent in the High Court. No costs.