UNION OF INDIA Vs. TEJ RAM

JUDGEMENT

(1.) THE respondent herein claimed promotion as JE (Electrical/Mechanical) against the vacancies of 2001 -2002, as per Recruitment Rules, issued vide notification No. S.R.O 302 of 17.11.1983, nomenclatured as Military Engineering Services (Superintendents (Electrical Mechanical) Grade I and Grade II) Recruitment Rules, 1983.

(2.) THE deterrent which beset the petitioner herein to not consider the claim of the respondent herein for being promoted to the post of J.E (Electrical/Mechanical) was the purported factum of the respondent herein having not acquired the germane eligibility criteria, inasmuch, as, his having not at the apposite stage acquired the relevant diploma on or before 1st Jan, 2001 as was enjoined to be possessed by him. On the anvil of the respondent herein having not acquired the germane eligibility criteria on or before 1.1.2001, hence, the petitioner herein considered the claim of the respondent herein, for promotion to the post of JE (Electrical/Mechanical), to be untenable. The substratum of the projection by the petitioner herein of the respondent herein having not acquired the germane educational qualification, inasmuch, as, his having not passed his diploma in December, 2000 is anchored upon the factum of the result of the examination in which the respondent herein had participated having come to be declared after the cut off date inasmuch as on 6.2.2001. A perusal of Annexure P -4 which is the diploma awarded in favour of the respondent herein proclaiming the fact of his having completed the part time Diploma in Electrical Engineering magnifies the fact of the respondent herein having acquired the germane, relevant educational qualification in December, 2000. Consequently, when Annexure P -4 makes an amplifying disclosure of the respondent herein having successfully passed the examination in which he participated in December, 2000. Therefore, his having fulfilled the germane educational criteria before 1.1.2001, hence was eligible to be considered for promotion to the post of JE (Electrical/Mechanical) for the vacancies which occurred for the year 2001 -2002. Even though, the counsel for the petitioner contends that the reckonable, computable date for gauging the time/period of acquisition of the germane educational qualification by the respondent herein is comprised in the date of declaration of the result of the examination in which he participated. However the said contention has no force in face of a judgment reported in : 2004 (6) SLR 803 : 2005(1) S.C.T 289, titled as State of Karnataka v. T. Chandrashekhar, the relevant para of which is extracted hereinafter and which upsurges an inference that the relevant date/time for construing whether the aspirant successfully cleared/passed the departmental examination is the date on which he takes the examination and not the date when the result of the examination is announced.

(3.) Consequently, even when the result of the examination in which the respondent herein had participated was declared on 6.2.2001, hence, subsequent to 1.1.2001, the factum of declaration of result would not either impinge upon or detract from the efficacy of Annexure P -4, which declares the respondent herein to have successfully passed his diploma in December, 2000, hence, prior to 1.1.2001, rendering him, as such, eligible to be considered for promotion to the vacancies which occurred in 2001 -2002. In sequel, the contention of the petitioner herein that the reckonable or computable date for construing the time/period of acquisition of the germane educational criteria is fathomable or gaugeable from date of declaration of result of examination in which the respondent had participated, is to be discountenanced. Further more the learned Central Administrative Tribunal having considered the entire factual matrix in a wholesome manner and it also having accurately applied to it the apposite law, its order hence cannot be faulted on any score. Consequently, there is no merit in the petition, the same is accordingly dismissed and the impugned order rendered by the learned Central Administrative Tribunal is maintained and affirmed.