IMPORTANT POINT
The judgment establishes the principle that in the absence of a specific provision in the advertisement, there is a presumption that only the experience earned after acquiring the degree would be counted.

JUDGMENT

Rekha Palli, J. (Oral)

CM APPL. 12144/2024 (Ex.)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CM APPL. 12143/2024 (Delay 1 day)

3. This is an application filed by the appellant seeking condonation of one day's delay in filing the appeal.

4. The application is, for the reasons stated therein, allowed and consequently, the delay of one day in filing the appeal stands condoned.

5. The application stands disposed of.

LPA 175/2024 AND CM APPL. 12142/2024 (Int. Dir)

6. The present appeal under Clause X of the Letters Patent seeks to assail the order dated 23.01.2024 passed by the learned Single Judge in W.P.(C) 677/2024. Vide the impugned order, the learned Single Judge has dismissed the writ petition preferred by the appellant wherein the appellant had sought the following reliefs:

"(a) Declare that the action of Respondent No.1 in reserving only 1 out of 32 posts for ST candidates for recruitment for the post of Senior Assistant (Electronics) against advertisement dated 14.12.2022 is unlawful;

(b) Declare that the refusal of the Respondents to consider Petitioner's candidature for the post of Senior Assistant (Electronics) is arbitrary and violates the fundamental rights of the Petitioner as guaranteed under Articles 14, 19 and 21 of the Constitution of India;

(c) Issue a writ of mandamus or any other appropriate writ order or direction commanding the Respondents to appoint the Petitioner at the post of Senior Assistant (Electronics) in Respondent No.1 Airports Authority of India against Advertisement dated 14.12.2022;...".

7. In order to appreciate the rival submissions of the learned counsel for the parties, we may first note the factual matrix of the present case.

8. Upon an advertisement being issued on 14.12.2022 inviting applications for recruitment against the non-executive cadres in the Northern Region including 32 vacancies of Senior Assistant (Electronics) by the respondent no. 1, the appellant applied for the said post as a Scheduled Tribe (ST) candidate. As per the aforesaid advertisement, out of the 32 vacancies, one post was reserved for a ST candidate. The appellant, who holds a B.Tech degree in Electronics and Communications as against the qualification of diploma in Mechanical/Automobile/Fire prescribed under the advertisement, applied for the said post by way of an online application wherein it appeared that her qualification was shown as diploma as against the degree held by her. When the final result of the selection process was declared on 06.07.2023, the appellant realized that she was unsuccessful and, therefore, raised certain queries with the respondent no. 1; first by writing letters to the Chairman of the respondent no. 1 and thereafter by filing applications under the Right to Information Act (RTI Act). Upon receiving information under the RTI Act, the appellant on 11.01.2024 approached this Court by way of W.P. (C) 677/2024, which has been dismissed vide the impugned order.

9. Being aggrieved, the present appeal has been preferred.

10. In support of the appeal, learned counsel for the appellant begins by urging that the impugned order is liable to be set aside as the learned Single Judge has proceeded on an erroneous presumption that the appellant had made a misrepresentation regarding her qualification in the online application submitted by her. The learned Single Judge has without any basis presumed that despite holding a degree in Electronics, the appellant had projected that she was a diploma holder. The learned Single Judge, she contends, has failed to appreciate that the qualification of diploma was filled in the online application form only on account of the default dropdown menu.

11. Ms. Dhar next submits that the learned Single Judge has come to a wholly perverse conclusion by holding that the appellant's experience in the relevant field acquired before she obtained the degree in Electronics could not be included towards the requisite two years' experienc