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CASE NO.: Appeal (civil) 7310 2000         Appeal (civil)  7311    2000

PETITIONER: INDIAN AIRLINES LTD.  & ORS.

       Vs.

RESPONDENT: S.  GOPALAKRISHNAN

DATE OF JUDGMENT:       12/12/2000

BENCH: S R Baabu, S V Paatil

JUDGMENT:

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     J U D G M E N T

     RAJENDRA BABU, J.  :

     Leave granted.

     Appellant 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. 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 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.

     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

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Support Equipments, including driving of Transport Vehicles. To  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.

     Under 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.

     O R

     2.2  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.

     The  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; Gurdial 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.

     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 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 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 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.

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