IMPORTANT POINT
When the advertisement does not require submission of experience certificate along with the application a candidate should be considered on merits.

JUDGMENT :

M.R. Shah, J.

Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 03.08.2018 passed by the Division Bench of the High Court of Delhi at New Delhi in L.P.A. No. 383 of 2018, by which the Division Bench has allowed the said appeal preferred by the respondent herein - the original writ petitioner and has quashed and set aside the judgment and order passed by the learned Single Judge of the High Court, dismissing the writ petition preferred by the original writ petitioner and consequently quashed and set aside the action of the Food Corporation of India (hereinafter referred to as the 'FCI) rejecting the case of the original writ petitioner for appointment on the post of Assistant Grade-II (Hindi), the original respondent - the appellant herein has preferred the present appeal.

3. The facts leading to the present appeal in nutshell are as under:

That the appellant herein - the original respondent -FCI invited applications for the post of Assistant Grade-II (Hindi) by publishing an advertisement on 14.02.2015. The original writ petitioner applied for the said post on 16.03.2015. Her application form was accepted and she was issued an admitted card for the written test to be conducted by the FCI. The written test was held on 4.10.2015. The original writ petitioner was short-listed. She was ranked sixth in the merit list. A call letter was issued to her on 31.12.2015. She was asked to report at the Zonal office of the FCI and produce her original documents, which were retained by the FCI and after verification, the same were returned. However, she did not receive the final letter of appointment. The list of selected candidates was published on the website of the FCI on 2.5.2016, in which her name did not figure. Therefore, a representation was submitted by her on 6.5.2016, which was not considered favourably. Therefore, the original writ petitioner approached the High Court by way of a writ petition. Before the learned Single Judge, it was the case on behalf of the FCI that the original writ petitioner was not finally selected as she did not produce any experience certificate to show that she had one year's experience of translation from English to Hindi and vice-versa. It should be noted that before the learned Single Judge, the original writ petitioner produced the certificates issued by her erstwhile employer in support of her case that she had an experience of translation from English to Hindi and vice-versa.

3.1 The learned Single Judge dismissed the writ petition holding that since the original writ petitioner did not have requisite experience of one year for translation work from English to Hindi and vice-versa, the FCI was justified in denying her employment.

4. Feeling aggrieved and dissatisfied with the judgment and order passed by the learned Single Judge dismissing the writ petition, the original writ petitioner preferred Letters Patent Appeal before the Division Bench of the High Court. By the impugned judgment and order, the Division Bench has allowed the appeal preferred by the original writ petitioner and has quashed and set aside the judgment and order passed by the learned Single Judge dismissing the writ petition and consequently has set aside the action of the FCI rejecting the case of the original writ petitioner. While passing the impugned judgment and order, the Division Bench has observed and held that considering the certificates produced by the original writ petitioner dated 14.01.2015 and 18.07.2016, the original writ petitioner can be said to have the requisite experience of translation from English to Hindi and vice-versa, and considering the fact that the original writ petitioner ranked 6th in the merit list, therefore otherwise was found to be meritorious, the Division Bench of the High Court held that FCI was not justified in denying the appointment to the original writ petitioner.

5. Feeling aggrieved and dissatisfied with the impugned judgment and order