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IN THE HIGH COURT OF DELHI
Najmi Waziri, Swarana Kanta Sharma, JJ.
Rizwan Zafar - Appellant
Versus
Union of India - Respondent
W.P.(C) 1104 of 2021 & CM Appl. 3066 of 2021
Decided On : 12-05-2022
The collective work experience from both listed and non-listed organizations qualifies as relevant for meeting the eligibility criteria for recruitment despite application format limitations.
Headnote:(A) Recruitment Rules, 2015 - Recruitment Notice No. NR/2/2017 - Eligibility criteria for Chemical Assistant position - Court held that applicant possesses more than two years of work experience despite misleading information regarding the format of the application - Work experience in listed and non-listed organizations equally counts for eligibility. (Paras 5, 12, 13, 19)
(B) Discretion of Staff Selection Commission - The authority retains discretion to relax eligibility criteria for qualified candidates under applicable conditions - However, discretion must be exercised and recorded properly if granted. (Paras 15, 17)
Facts of the case:
The petitioner, ranked 38th in merit, applied for the Chemical Assistant post but faced denial on grounds of insufficient work experience as per the requirements.
Findings of Court:
Petitioner meets the minimum work experience requirement and is eligible for appointment based on his rank and qualifications.
Issues: Whether the applicant's work experience collectively qualifies him for the position despite arguments about disclosures in the application process.
Ratio Decidendi: The court noted that applicant's work experience from both listed and unlisted organizations should be considered equally, thus affirming eligibility when there was no ulterior motive in failing to disclose the complete experience.
Result: Petition allowed; appointment letter to be issued to the petitioner.
| Table of Content |
|---|
| 1. eligibility criteria for recruitment. (Para 1 , 2 , 3) |
| 2. arguments on work experience qualification. (Para 4 , 5 , 6) |
| 3. court's view on application form limitations. (Para 7 , 8 , 9) |
| 4. valuation of documented work experience. (Para 11 , 12 , 13) |
| 5. consideration for relaxation of experience based on category. (Para 14 , 15 , 16) |
| 6. order for appointment issuance. (Para 18 , 19 , 20) |
JUDGMENT
Najmi Wazri, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The petitioner applied for the recruitment to the post of `Chemical Assistance, Group-B (Non-Gazetted, Non-Ministerial in the Central Revenues Control Laboratory (`CRCL') under the Ministry of Finance, Department of Revenue as advertised vide Recruitment Notice/Advertisement No. NR/2/2017 (Post Category No. NR/21317) dated 25.08.2017 published on the website of Staff Selection Commission (SSC). A total of 167 vacancies were notified.
2. He was declared successful candidate at 38th rank in the Merit List (Serial Number 253). The recruitment exercise was carried out by the Staff Selection Commission (`SSC'). The essential qualification for recruitment were as under:
"...
| Essential Qualification: | (a) Bachelor's Degree in Chemistry from a recognized University or institute. (b) Two years experience in chemical analysis or Research in a Govt. Department of Autonomous or Statutory Body or Recognized Institute or University or Public Sector Organization (Undertaking) or listed Private Sector organization" |
..."
3. The petitioner claimed that he had requisite educational qualification as well as requisite work experience of more than two years in the field of chemical analysis, testing and research and produced the following details of his work experience:
| S.No. | Name of the Organization | Years of Experience with date |
| 1. | M/s. IOL Chemicals and Pharmaceuticals Ltd. (Company Listed with Stock-exchange) | 10 months, 21 days (11.12.2013 to 31.10.2014) |
| 2. | M/s. Saurav Chemicals Ltd. | 7 months, 15 days (10.11.2014 to 24.06.2015) |
| 3. | M/s. IOL Chemicals and Pharmaceuticals Ltd. (Company Listed with Stock-Exchange) | 11 months, 13 days (06.07.2015 to 18.06.2016) |
| 4. | M/s. TEVA API India Pvt. Ltd. [Its parent company, TEVA is listed with International Stock Exchange] | 1 year, 3 months and 4 days (21.06.2016 to 24.09.2017) |
| Total Experience | 3 years, 8 months and 23 days (till 24.09.2017) |
4. The petitioner contends that denial of his appointment on the ground of his not having the "essential qualification" of 2 years' work experience is totally incorrect. Referring to his experience certificates, he asserts that he has work experience of more than 2 years with listed organizations which makes him eligible for the post of Chemical Assistant; that indeed, it is on this basis of his having met all requisite qualifications that his name has been forwarded by SSC as successful candidate for appointment in CRCL.
5. The learned Standing Counsel for the respondents submits that only the first period of work experience of the petitioner with M/s. IOL Chemicals and Pharmaceuticals Ltd. for 10 months and 21 days i.e., from 11.12.2013 to 31.10.2014 can be counted; he did not disclose the subsequent period of experience from 06.07.2015 to 18.06.2016 (11 months and 13 days). In any case, the work experience of both phases, would still be less than two years. The experience from the other private sector organization was less than a year, the same would be of no consequence as it was not a "listed organization". The Recruitment Rules require two years' experience in chemical analysis or research in a government department or autonomous or statutory body or recognized institution or listed private sector organizations. She submits that the petitioner does not meet the requirement and therefore he is not eligible to be appointed; that he had not disclosed his entire period of work experience in the application form or before the Tribunal.
6. On the other hand the petitioner
