Madhya Pradesh High Court
Sanjay Kumar Sahu vs The State Of Madhya Pradesh Judgement ... on 7 February, 2014
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Writ Petition No. 2210 Of 2014
7.2.2014
Shri N.S. Ruprah, learned counsel for the petitioner.
Shri S.S. Bisen, learned Government Advocate for State of
M.P. on advance notice.
Heard on admission.
Non consideration of petitioner's candidature for the post
of District Data Manager, in the office of Chief Medical and
Health Officer, Dindori is cause for the present writ petition.
Applications were invited for various posts including
District Data Manager, vide advertisement issued in November
2012 on contractual basis at District Surveillance Unit :
Integrated Disease Surveillance Project .
The requisite qualification and experience prescribed for
appointment of Data Manager at District Head Quarters was:
"Post Graduate Qualification in Computer Science as
B.E in IT/Electronics with minimum 3 years experience
preference will be given to those who have worked in
Health or Social Sector."
Petitioner a Post Graduate (Master of Arts), Post Graduate
Diploma in Computer Application in December 2011 and since
he did not possess three years experience after acquiring Post
Graduate Diploma, has not been considered for appointment.
Contention on behalf of the petitioner is that, prior to his
acquiring Post Graduate Diploma he has the experience to work
on Computer of six months (Annexure P/5). Thereafter since
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11.4.2007, he is working on contract basis as Data Entry
Operator in the office of Chief Medical and Health Officer,
therefore, the experience gained on the post ought to have been
taken into consideration.
Question is whether when post graduate qualification in
Computer Science or B.E in IT/Electronics with minimum three
years experience is prescribed as an essential qualification an
experience gained prior to acquiring the said qualification can
be taken into consideration?
In P.K. Ramachandra Iyer and others v. Union of India
and others: (1984) 2 SCC 141, it has been held:
"30..... ..... .....And we do not subscribe to the
view that the period spent in preparing thesis for
M.Sc. mark not Ph.D. counts towards required
experience. It is wellsettled that experience to be of
value and utility must be acquired after the
educational qualification is obtained and not while
acquiring the postgraduate qualification. ..... ....."
In Indian Airlines Ltd. and others v. S. Gopalakrishnan
[(2001) 2 SCC 362] it is observed:
"4. 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 in N. Suresh Nathan and another v. Union of India and others 1992 Supp.(1) 3 SCC : 584; Gurdial Singh v. State of Punjab 1995 (3) SCC : 333 and Anil Kumar Gupta v. Municipal corporation of Delhi : 2000(1) SCC128, has explained the necessity to obtain experience after obtaining the requisite qualification.
5. 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 at hand since the 3 years experience is clubbed with the Post Graduate Qualification in Computer Science or B.E in IT/Electronics, the experience gained prior to acquiring such qualification will be of no avail.
Therefore, since the petitioner does not has to his credit the three years experience after acquiring Post Graduate Qualification in Computer Science, his candidature for the post of Data Managers, in the considered opinion of this Court has rightly been rejected.
In view whereof petition fails and is dismissed in limine. No costs.
(SANJAY YADAV) JUDGE Vivek Tripathi