IMPORTANT POINT
Terms of advertisement for recruitment should be interpreted strictly.

JUDGMENT :

M.R. SHAH, J.

1. Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court of Delhi dated 31.07.2017 passed in Letter Patent Appeal (LPA) No.160 of 2015 by which the Division Bench has dismissed the said appeal and has confirmed the judgment and order passed by the learned Single Judge dated 02.02.2015 passed in Writ Petition (C) No.977 of 2015 dismissing the said writ petition by not interfering with the order terminating the services of the appellant, the original writ petitioner has preferred the present appeal.

3. That respondent no.2 herein-Central Railside Warehouse Company Limited invited applications for the post of Company Secretary. That respondent no.2’s advertisement, specifically provided for, five years post qualification mandatory experience as a Company Secretary as on 30.11.2013 in a PSU/Private Company of repute. The appellant herein applied for the post of Company Secretary. In her application she categorically stated that she had post qualification experience of seven years and three months. That thereafter she appeared in an interview held by respondent no.2 and was offered appointment to the post of Company Secretary vide memorandum dated 13.03.2014. Thereafter, she was appointed on regular basis to the post of Company Secretary by Office Order dated 22.04.2014. A show cause notice dated 01.11.2014 was issued by respondent no.2 calling upon the appellant to explain why her services should not be terminated as she did not have the requisite five years’ experience for the post of Company Secretary. The appellant submitted her reply to the above show cause notice. Respondent no.2 thereafter vide its order dated 02.01.2015 terminated the services of the appellant.

4. The order of termination was challenged by the appellant before the High Court in Writ Petition (C) No.977 of 2015. By order dated 02.02.2015, the learned Single Judge dismissed the said petition. The order passed by the learned Single Judge dismissing the writ petition was the subject matter of the appeal before the Division Bench of the High Court by way of LPA No.160 of 2015. By the impugned judgment and order, the Division Bench has dismissed the said appeal and has confirmed the judgment and order passed by the learned Single Judge dismissing the writ petition. The order passed by the Division Bench in LPA No.160 of 2015 is the subject matter of the present appeal.

5. Shri Sunil Kumar, learned Senior Counsel has appeared on behalf of the appellant herein and Shri Gourab Banerji, learned Senior Counsel has appeared on behalf of respondent no.2 herein.

5.1 Shri Sunil Kumar, learned senior counsel has submitted that in the facts and circumstances of the case, the High court committed a grave error in approving the order of termination on the ground that the appellant was not having the requisite qualification of having experience of five years as a Company Secretary. It is submitted by Shri Sunil Kumar that the High Court has failed to appreciate the fact that though during seven years and three months experience shown in her application, the appellant might have been appointed as Management Trainee and Assistant Company Secretary and consequently might not have been actually appointed as the Company Secretary, however, the appellant was discharging certain or some functions/duties during the period of a Company Secretary. It is submitted that therefore it can be said that the appellant was having requisite experience of five years as a Company Secretary. Therefore, the period during which the appellant was working as a Management Trainee is required to be counted as the requisite experience for the post of Company Secretary.

5.2 It is further submitted by Shri Sunil Kumar, learned senior counsel that the object and purpose behind asking for the experience as a Company Secretary was that the applicant has an experience of working as Company Secretary and not that