Experience Post-Diploma Declaration Crucial for Eligibility: Delhi High Court
In a significant ruling, the Delhi High Court, led by Hon’ble Mr. Justice Chandra Dhari Singh, has set a precedent in employment law by emphasizing the importance of post-qualification experience in job eligibility. The court, while dismissing a writ petition challenging the rejection of a candidate’s application for the post of Assistant Electric Fitter at Delhi Transco Limited, clarified that “experience for eligibility purposes must be acquired post the declaration of diploma results.”
The petitioner had approached the ”ourt’after his application was rejected by Delhi Transco Limited. The bone of contention was the overlap of his work experience with his diploma examination period. He contended that his fundamental and legal rights were violated by this rejection.
Justice Singh, in his judgment, observed, “It is settled law…that the completion of a diploma does not relate back to the date of examinations and is said to have been acquired on the date of declaration of final results.” This observation was crucial in determining that the petitioner’s experience prior to his diploma result declaration could not be counted towards the eligibility criteria for the said post.
The ruling drew upon several precedents set by the Supreme Court, notably in cases like Rakesh Kumar Sharma v. State (NCT of Delhi) and Indian Airlines LTD vs. Gopalakrishnan, reinforcing that qualifications are deemed complete upon the official declaration of results.
Justice Singh remarked, “The impugned Rejection Notice issued by the respondent no.2 rejecting the petitioner’s candidature does not suffer from any defects and is not arbitrary and illegal.” This statement underscored the court’s stance on the matter, reinforcing the sanctity of clearly defined eligibility criteria in recruitment processes.
Date of Decision: 15th December, 2023
MANISH KUMAR VS DELHI TRANSCO LIMITED AND ANR
