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1998 Supreme(SC) 637

G.B.PATTANAIK, S.SAGHIR AHMAD
State Of M. P. – Appellant
Versus
Dharam Bir – Respondent


Judgment

S. Saghir Ahmad, J.-”No, mere experiential knowledge is no equivalent to a Degree in Engineering” is our positive answer to the negative argument that respondent, though not possessing the requisite qualifi­cation, be held to be validly holding the post of Principal, ITI, on the basis of his experience.

2. The facts, the questions raised and the findings thereon are re­corded herein­after.

3. The respondent was appointed as Senior Instructor on 3.12.1957 and was promoted as Supervisor Instructor on 13.12.1959. Thereafter he was promoted as Foreman and then as Group Instructor.

4. On 15.6.1976, respondent was promoted as Principal, Class II, for a period of six months or till the candidates duly selected by the Public Service Commission for that post were available (whichever was earlier). The post of Principal, Class II was a newly-created post and was not included in the M.P. Industrial (Gazetted) Service Recruitment Rules, 1965 and since the mode of appointment or recruitment on that post was not prescribed till about 1985, the respondent continued to work on that post at different places where he was transferred from time to time.

5. On 28.6.1985, Madhya Pradesh Industrial T





























































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