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2024 Supreme(Online)(CAT) 17709
CENTRAL ADMINISTRATIVE TRIBUNAL
SH. RAMESH SINGH THAKUR, J, MRS. ANJALI BHAWRA, A
Pardeep Singh – Appellant
Versus
Post Graduate Institute of Medical Education and Research (PGIMER) – Respondent
OA No. 060/915/2017
For the Appellants/Petitioners: Sh. Barjesh Mittal
For the Respondents: Ms.Sehaj Sandhuwalia
Experience acquired before obtaining a required qualification is valid unless recruitment rules specify otherwise.
Headnote:The application under Section 19 of the A.T. Act, 1985 was filed challenging the ineligibility for the post of Assistant Purchase Officer at PGIMER, asserting that the applicant's experience was improperly disregarded. The court held that the experience acquired prior to obtaining an MBA degree is valid for eligibility unless expressly stated otherwise in recruitment rules. Therefore, the applicant was wrongfully declared not eligible and the impugned orders were quashed.
| Table of Content |
|---|
| 1. overview of application and applicant's qualifications. (Para 1 , 6 , 10 , 11) |
| 2. eligibility criteria set by recruitment rules. (Para 4 , 5 , 8 , 12) |
| 3. court observations on eligibility criteria application. (Para 18 , 22 , 24) |
ORDER
Per: SH. RAMESH SINGH THAKUR MEMBER (J):
1. This Original Application has been filed under Section 19 of the A.T. Act , 1985 against the following:-
(i) Against Notice No. PGI/RC/2016/1643 dated 29.01.2016, copy Annexure A-1, whereby applicant has been declared as not eligible for the post of Assistant Purchase officer in PGIMER ,Chandigarh illegally and arbitrarily in violation of the rules and the law and quashing thereof.
(ii) Against result notice issued vide No. PGI/RC/2016/5485 dated 03.08.2016, copy attached as Annexure A-2 whereby respondent No.2 has been declared qualified for the post of Assistant Purchase Officer and quashing thereof.
(iii) Against Order No. 11184/EI(2)-PGI-2016 dated 10.08.2016, copy attached as Annexure A-3, whereby Respondent No.2 has been selected and appointed as Assistant Purchase Officer ignoring merit or the applicant and Respondent No.2 being ineligible, being illegal, arbitrary and quashing thereof.
(iv) For issuance of direction to the respondents to consider claim of the applicant for the post of Assistant Purchase Officer and appoint him as such with effect from the date Respondent No.2 has been appointed as such with all consequential benefits including pay and allowances and other attendant benefits.
2. The facts as enumerated in the Original Application are that the applicant possesses the following qualifications:-
(i) B. Com. Passed from Punjabi University, Patiala in the year 1996 (Annexure A-4)
(ii) M.B.A. (2 years) from Guru Jambheshwar university of Science and Technology, Hissar in January, 2007 in International Financial Management & General Management (Annexures-A-5 and A-6)
(iii) Graduate Diploma in Materials Management (Regular)(02 years) from Indian Institute of Materials Management, Navi Mumbai, in 2009 (Annexure A-7 and A-8) and
(iv) M.B.A. (02 years) in Materials Management from Madhya Pradesh Bhoj (Open) University, Bhopal in the year 2011(Annexure A-9).
3. The applicant also possesses experience in purchase and stores as under:-
(i) Worked as an Assistant (Purchase & Stores) with M/S Varinder Agro Chemical (Trident Group), Barnala from 07.11.1997 to 16.09.2001(Annexure A-10)
(ii) Worked as a Senior Store Officer with M/S Venky‟s (India) Ltd., Chandigarh from 15.07.2002 to 22.12.2009(Annexure A-11)
(iii) Worked as an Assistant Manager (Purchase) with M/S Indian Acrylics Ltd., Chandigarh from 23.12.2009 to 15.10.2010 (Annexure A-12)
(iv) Worked as Deputy Manager (Purchase) with M/S Indian Acrylics Ltd., Chandigarh from 29.11.2010 to 28.07.2016(Annexure A-13)
4. It is averred in the Original Applicant that there is a post of Assistant Purchase Officer, in PGIMER, Chandigarh which is governed by the Statutory Recruitment Rules (Annexure A-14).
5. The Respondent No.1 issued advertisement dated 15.06.2013 (Annexure A-15) through the Recruitment Cell of the Respondent Institute in which online applications for 01 unreserved post, inter-alia, of Assistant Purchase Officer in the Pay Band of Rs.15600-39100 + Rs. 5400/- Grade Pay, were invited from the citizens of India. In the said advertisement, the following eligibility criteria was prescribed for this post:-
“ (i) 2 years Masters Degree in Business Administration (MBA) in Hospital Management/ Material Management/ Store Management/ General Management/ International Management/ Marketing Management from a recognized University.
(ii) 3 years experience in Hospital Procurement like Medical Equipments/ Hospital Consumables/ Medicine/ Medical Gases (Department level or Main Hospital Purchases).
(iii) Well versed in some or all of the following:-
Local, Foreign Purchases, Import & Export disposal Management of Stores, Sourcing Strategies, Tender Management Process, Contracts and preferably GFRs. (Prefe
