S.RAJENDRA BABU, S.N.PHUKAN
Buddhi Nath Chaudhary – Appellant
Versus
Abahi Kumar – Respondent
Based on the provided legal document, the key points are as follows:
The case involves the appointment of candidates as Motor Vehicle Inspectors by the Bihar Public Service Commission, following an advertisement that specified minimum educational qualifications and practical experience requirements (!) (!) (!) (!) (!) (!) (!) (!) (!) .
The selection process was challenged on the grounds that some appointed candidates allegedly lacked the necessary qualifications or experience, and the High Court initially directed the Transport Commissioner to verify these claims (!) (!) .
The Court criticized the procedure followed by the High Court, noting that the selection was originally conducted by an autonomous constitutional authority—the Public Service Commission—and that any irregularities should have led to a re-selection process rather than a review by the Transport Commissioner (!) .
It was observed that most of the appointed candidates possessed the required qualifications and that the primary issue was whether they had the requisite experience at the time of appointment. Since they have served for over a decade, it is considered that they have acquired the necessary experience, and any initial deficiency is now remedied (!) (!) .
The Court emphasized that long-serving appointees who have been in employment for many years should not have their appointments disturbed on equitable grounds, especially when their tenure has effectively compensated for any earlier lack of experience (!) .
The Court dismissed the writ petitions challenging the appointments, allowing the appeals and affirming that the appointments made long ago should stand, thereby preventing their disturbance (!) (!) .
The decision underscores the importance of maintaining stability in employment, especially when appointments have been made following proper procedures and candidates have been in service for a significant period, making re-evaluation unnecessary and potentially disruptive (!) .
Please let me know if you need a detailed analysis or assistance with specific legal questions related to this case.
JUDGMENT
Rajendra Babu, J.-Leave granted.
2. In these cases the appellants were selected by the Bihar Public Service Commission [hereinafter referred to as Commission ] for appointment as Motor Vehicle Inspectors pursuant to an advertisement issued by the Commission on 12.5.1989. The advertisement indicated that candidates possessing the following qualification and experience are eligible for appointment to the said post:
"Qualification:-(Required minimum technical qualification-educational qualification).
(Ka) Matriculation
(Kha) Diploma in Automobile Engineering or Mechanical Engineering after completing three years course would be necessary from a recognized institution/Board/ University.
(G) The diploma holder or post diploma holder in Automobile Engineering would be preferred.
Note:-Such candidates, who have mechanic level qualification related to Motor trade, would not be competent.
Experience :-
(Ka) For the candidates, who after completing three years course of Automobile Engineering have obtained diploma, must possess three years practical experience in an Automobile Engineering Workshop registered under the Factories
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