Advocates:
ABHAY CHANDRAKANT MAHIMKARS. JANANI

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PETITIONER:

A.K. RAGHUMANI SINGH & ORS.

Vs.

RESPONDENT:

GOPAL CHANDRA NATH & ORS.

DATE OF JUDGMENT: 04/04/2000

BENCH:

Ruma Pal, M.J.Rao

JUDGMENT:

RUMA PAL, J.

The appellants and the respondent No. 1 are all

Executive Engineers in the Public Health Engineering

Department of the Government of Manipur. All the appellants

had Degrees in Engineering before they joined service. The

respondent No. 1 obtained a Diploma in 1989 having duly

qualified in both sections of the Associate Membership

Examination of the Institution of Engineers (AMIE). It is

not in dispute that the AMIE Diploma is recognised by the

Central Government as being on par with a Bachelors Degree

of Engineering for the purpose of recruitment to superior

posts under the Central Government. The question is whether

the respondent No. 1 was eligible to be considered for

promotion to the post of Superintending Engineer in 1991.

The Rules regulating the recruitment to the post of

Superintending Engineers of the State of Manipur were

notified on 18th October 1977. The Rules called The

Manipur P.W.D./Irrigation and Flood Control/Public Health

Engineering (Superintending Engineer (Civil)/Superintending

Surveyor of Works) Recruitment Rules, 1977 provide that the

post of Superintending Engineer shall be filled up by

promotion from Executive Engineer (Civil)/ (Mech) and

Surveyor of Works possessing Degree in Civil/Mechanical

Engineering or its equivalent from a recognised institution

with 6 years regular service in the grade. The vacancy in

the post of Superintending Engineer arose in 1991. In the

same year the respondent No. 1 filed a writ application

seeking directions on the State Government to consider his

name for promotion to the post as he had put in 12 years

service in the grade and possessed the necessary educational

qualifications. The writ application was opposed by the

State Respondents. They contended that the eligibility

criteria required six years regular service after the

educational qualification was obtained. In the writ

petitioners case, his period of service after he obtained

the AMIE diploma was far short of the requirement and as

such, according to the respondents, he could not be

considered for promotion to the post of Superintending

Engineer. The writ application was allowed by the learned

Single Judge on 17th March 1993. It was held that the

requirement of six years service was independent of the

requirement of educational qualifications and the

eligibility criteria was fulfilled even if the requisite

experience had been obtained before obtaining the

educational qualifications. The appellants herein moved an

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application for review of the order before the Learned

Single Judge. This was rejected. The appellants then filed

an appeal before the Division Bench of the Gauhati High

Court. The appeal was dismissed and the decision of the

learned Single Judge was upheld. There is no dispute that

as on 1991 the respondent no.1/writ petitioner had put in

more than 6 years regular service in the grade. Of that

period only a little over 2 years was after he was granted

the AMIE Diploma. The controversy hinges on the

interpretation of the word with used in the eligibility

criteria. The word with has been defined in the New

Shorter Oxford Dictionary (1993),diversely the meaning

depending on the context in which it is used. But when it

is used to connect two nouns it means Accompanied by;

having as an addition or accompaniment. Frequently used to

connect two nouns, in the sense and as well. Applying

the definition to the eligibility criteria it is clear that

it