KARAN VASWANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) In exercise of the powers conferred by Section 28 read with Section 124 of the Major Port Trusts Act, 1963, the New Mangalore Port Trust (Recruitment of Heads of Department) Regulations, 1991 have been framed. Regulation 5 provides for method of recruitment and Regulations 9 and 10 provide for application for direct recruitment and their eligibility etc. The recruitment to various posts including that of Deputy Conservator is governed by these Regulations. A post of Deputy Conservator fell vacant in November, 1994. It was sought to be filled by appointment by direct recruitment. Besides others, appellant and respondent No. 4- Captain Subhash Kumar submitted their applications. We are only concerned with the appellant and Captain Kumar. Both were interviewed. Captain Kumar was selected and appointed as Deputy Conservator. The appellant challenged his appointment by filing a writ petition in the High Court of Karnataka. A learned single Judge allowed the writ petition holding that Captain Kumar did not possess experience as provided in the Schedule to the Regulations and was, therefore, ineligible to be appointed as Deputy Conservator. The judgment of learned single Judge was, however, reversed in appeal by impugned judgment dated 19th August, 1997. Union of India respondent No. 1 and New Mangalore Port Trust, respondent No. 2, have all through supported the appointment of Captain Kumar. The principal question is whether Captain Kumar possesses the essential experience as stipulated in the Regulations. The experience required for the post is as follows:

(3.) Captain Kumar had the experience of 6 years as a Master and 9 years as a Pilot. The appellant had, at the relevant time, an experience of 2 years as Master and 11 years as a Pilot.