Conviction Under Section 409 IPC Postulates Strict Proof Of Entrustment; Suspicion However Grave Cannot Substitute Proof: Supreme Court Criminal Prosecution Emanating From Past Matrimonial Relationship Ought Not To Linger After Divorce: Supreme Court Negligence Of Previous Counsel Not A Ground To Reopen Concluded Pre-Charge Evidence Under Section 311 CrPC: Allahabad High Court Unregistered Agreement To Sell Cannot Protect Tenant's Possession Under Section 53A Transfer Of Property Act: Delhi High Court Certified Copies Of Registered Sale Deeds Admissible As Secondary Evidence Without Proving Loss Of Original: Gauhati High Court Counsel Representing Deceased Party Must Inform Court Of Death Under Order XXII Rule 10-A CPC: J&K High Court Son Staying In Father's House Out Of Love And Affection Is A Mere Licensee, Cannot Challenge Father's Title: Delhi High Court Conviction For Murder Cannot Stand Where Single Blow Inflicted In Sudden Fight Without Premeditation: Uttarakhand High Court Inability To Trace Suppliers Or Buyers No Ground For Custodial Interrogation Once Recovery Is Effected: Punjab & Haryana High Court Right To Assemble Peacefully To Celebrate Association Anniversary Is A Fundamental Right; Unlawful Assembly Per Se Not An Offence: Madras High Court Marriage Photographs Can Be Relied Upon To Estimate Quantity Of Gold Ornaments In Matrimonial Disputes: Kerala High Court POCSO Act Not Confined To Securing Convictions, Soul Of Law Lies In Preserving Childhood Dignity & Healing: Madras High Court Special Appeal Maintainable If Single Judge's Order Relates To Authority Acting Without Statutory Appellate Jurisdiction: Allahabad High Court Recall Of Witness For Cross-Examination Permissible On Newly Framed Issue Post-Remand Even If Disposal Timeline Is Fixed: Karnataka High Court Litigant Cannot Overcome Law Of Limitation By Shifting Blame On Counsel Through Inconsistent Stands: Madras High Court Cross-Cases Cannot Be Clubbed If Co-Accused In Complaint Case Is Absconding & Complainant Delayed Process: Allahabad High Court Cross-Cases Cannot Be Clubbed If Co-Accused In Complaint Case Is Absconding & Complainant Delayed Process: Allahabad High Court Preventive Detention Not Warranted If Person Can Be Dealt With Under Ordinary Laws; No Effort To Arrest In Pending Cases: Supreme Court Accused Languishing In Jail For 9 Years Deserves Bail; Right To Speedy Trial Under Article 21 Violated: Supreme Court Custodial Death | Pendency Of Criminal Trial No Bar For Awarding Compensation Under Public Law Remedy: Gauhati High Court Suit For Possession Under Section 6 Specific Relief Act Barred If Filed Beyond Six Months Of Dispossession: Madras High Court Subsequent Purchaser Is Representative Of Judgment Debtor, Separate Suit Challenging Execution Sale Barred Under Section 47 CPC: Kerala High Court Statutory Bail Restrictions Melt Down When Pre-Trial Detention Is Prolonged & Trial Is Unlikely To Conclude Soon: Delhi High Court Failure To Apprise Accused Of Right Under Section 50 NDPS Act Vitiates Search & Recovery: J&K & Ladakh High Court Section 12(5) Arbitration Act Inapplicable To Proceedings Commenced Before 2015 Amendment; Executing Court Can't Apply Neutrality Norms Retrospectively: Punjab & Haryana High Court Banks Can Share Sale Proceeds Of Secured Assets Outside Liquidation Estate With Homebuyers Under Compromise Agreement: Kerala High Court Election Disputes Must Be Resolved Expeditiously; Long Stays Render Adjudication A Mockery Of Justice: Madras High Court Delhi High Court Suspends LOC, Permits Businessman To Travel Abroad For Healthcare Conferences; Cites Roots In Society & Past Compliance Section 138 NI Act Complaint Not Maintainable By Third Party Who Is Neither Payee Nor Holder In Due Course: Allahabad High Court

Experience Post-Diploma Declaration Crucial for Eligibility: Delhi High Court

07 May 2024 8:19 AM

By: Admin


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

 

Latest Legal News