Jammu & Kashmir and Ladakh High Court
The Jammu & Kashmir and Ladakh High Court has held that when there is no nexus between the experience required for a job with professional/educational qualification for the same, it can be acquired before or after acquiring the educational/professional qualification.
The Court was considering a Writ Petition against an order passed by the Central Administrative Tribunal whereby the two Applications filed by the Petitioner was dismissed.
The division bench of Justice Sanjeev Kumar and Justice Sanjay Parihar observed, “It is well settled that in cases where the experience required has direct nexus with the educational/professional qualification prescribed and in such a situation it is trite that such experience must be gained after acquiring the said qualification. However, where the experience prescribed is capable of being acquired even without a particular educational qualification, in such a situation the experience acquired prior to acquiring the educational/professional qualification can hold good.”
The Petitioner was represented by Advocate M. Ashraf Wani while the Respondent was represented by Assisting Counsel Mohd Younis Hafiz.
Facts of the Case
The Petitioners were found eligible for the position of Junior Instructor Craft in Carpet Weaving, the qualification for which was described as “Matric with 10 years’ experience in respective Craft, subject to practical test.” The post was left vacant due to non-joining and was filled up from the waiting list by Respondent No. 5. The entire attack of the Petitioner against the selection and appointment of Respondent No. 5 was that he did not possess the requisite minimum experience as prescribed for the post in the Advertisement Notification. The Tribunal however held against his contentions. The impugned judgement was assailed by the Petitioner by way of the present Writ Petition.
Reasoning By Court
The Court at the outset noted that the Petitioner did not dispute the fact that Respondent No. 5 was found more meritorious than him in the selection process and also that the Respondent No. 5 performed much better than the petitioner even in the practical test conducted by the SSB with the assistance of experts in the line. It noted that the reckless allegations made by the Petitioner about the manner in which the selection process was conducted are not substantiated by any material particulars or documentary evidence.
“So far as the legitimacy of respondent No. 5 to be appointed as Junior Craft Instructor, in Carpet Weaving is concerned, suffice it to say that respondent No. 5 who was matriculate and had placed on record ten years’ experience in Carpet Weaving was fully eligible in the selection process. As noted above, the qualification prescribed for the post of Junior Craft Instructor in Carpet Weaving is matriculate with ten years’ experience subject to practical test. The experience in Carpet Weaving to be acquired by a person has no nexus or relation with the educational qualification prescribed for the post and, therefore, to say that a candidate to be eligible for the post must acquire ten years’ experience after doing matriculation is not the correct understanding and interpretation of the eligibility criteria,” the Court observed.
The Court thus held that when there is no nexus between the experience required for a job with educational qualification for the same, ot can be acquired before or after.
“…..In the instant case the learned counsel appearing on both sides fairly conceded that the experience in Carpet Weaving has no nexus much less a direct nexus or connection with the educational qualification of matriculation prescribed for the post. That being the position the ten years’ experience required in Carpet Weaving could be the one acquired prior to matriculation or after matriculation or partly acquired before matriculation and partly after matriculation,” the Court observed.
The Petition was accordingly dismissed.
Cause Title: Sajad Ahmad Bhat vs. Union Territory
Appearances:
Petitioner– Advocate M. Ashraf Wani
Respondent– Assisting Counsel Mohd Younis Hafiz, Senior Additional Advocate General Abdul Rashid Malik, Government Advocate Waseem Gul, Advocate Tasaduq H. Khawja, Advocate Iman Abdul Muizz
