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Administrative Experience
created Jun 5th 2016, 10:31 by ankii
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The Appellant along with the other selected candidates interalia stating that the only allegation made against the appellant was to the effect that he was a man of Technical Cadre and lacked Administrative Experience and that it was put to raised by certificate dated 10th of May 2000 issued by the Corporation. It may be noted that the certificate dated 10th of may 1000 was issued by the Corporation at a time when the Writ Petition was pending before the High Court but it must also be remembered that the application form of the appellant was forwarded by the Medical Officer under whom he was working endorsing his signature thereon and thereby approving that the appellant was having more than 10 years experience on the Administrative Cite as well. Even if an objection is raised that the certificate dated 10th of May 2000 issued by the Corporation cannot be looked into because it was issued at the time when the Writ Petition was already pending and not at the time of selection before the selection committee even then the endorsement and approval of the Medical Officer under whom the appellant was working was duly made and therefore cannot be over looked. In categorically terms the corporation had taken the stand before the High Court that in so far as the Technician are concerned no clerk were appointed and therefore clerical Administrative work was also required to be done by Technician apart from the aforesaid certificate which enlisted a different Administrative duties performed by the appellant Medical Officer approving the nature of the Administrative work performed by the appellant and forwarding the duly sanctioning so that the appellant was performing administrative work for more than 10 years in the Corporation. The said form was then examined and scrutinized by the committee which conducted the Written Test and therefore permitted the appellant to appear in the Written Examination for the post in question. The application form was also placed before the interview which had conducted Oral interview of the appellant it may be mentioned as noted herein appellant that the Oral interview was conducted by a 5 member interview committee consisting of Municipal Commissioner Ahmedabad, Professor PJ Indian Institute of Management Ahmedabad, Dr. MR organization conflict, SL institute and visiting faculty of Indian institute of management Ahmedabad. Herein Municipal Commissioner Finance and Chief Municipal Corporation Ahmedabad, who are all respected persons of the society. The content from interview committee which consisted of eminent persons of the society. Appellant before them without satisfying themselves that the appellant had possessed 10 years administrative experience. If the Administrative experience shown in the application form who would have been treated as a sufficient compliance with the requirement as to 10 years experience on the administrative Cite the interview committee being an expert committee could have rejected the candidature of the appellant on the grant that he had not possessed the requisite Administrative Experience for the appointment to the post of Assistant Manager in the Corporation. That apart on the question of Administrative experience of the appellant who was working as an X-Ray Technician no objection was raised either by the examination committee which conducted the Written Examination or by the interview board which conducted the Oral interview. Even the candidate namely the Writ Petitioner respondent 2 and 3 herein did not raised any objection by making a prayer either before the examination committee or before the interview board that the appellant lacked the requisite Administrative Experience that selection to the post in question. After scrutinizing and considering the application form of all the candidate were permitted to appear in the Written Test and thereafter those who were found to have passed the Written examination were permitted to appear before the interview board for an Oral Interview from the record it also appears that in the past many persons who were holding technical post were permitted to Administrative post and subsequently have been further permitted. That appeal the corporation at the time of inviting application for appointment in the post in question had never stated that the persons of technical cadre should not apply. On the contrary the circular dated 13 of Nov 1997 clearly stated that candidates of all the department were qualified to apply all fulfilling the requirement laid down in the circular. The Writ Petitioner respondents 2 and 3 who herein cannot be permitted to raised the objection that the appellant could not have been considered for appointment he being a Technical and without any Administrative Experience after the appellant was selected along with the other selected candidate. it was open to the respondents 2 and 3 raised such an objection at the initial stage either in the written Examination or at the time of the Oral Interview. All such objection was raised for the first time by the respondents 2 and 3 after the appellant successfully completed 4 month in his capacity as an Assistant Manager his promoted post in the Corporation. That apart they appears from the judgement of the High court that the High Court has quashed the appointment of the appellant only although the corporation had appointed 7 other candidates holding such technical post. Therefore we are unable to agree that the High court that the administrative Experience act listed by the appellant in his application form duly endorsed by the Medical officer cannot be considered as an Administrative experience of over 10 years and therefore appointment of the appellant should be cancelled. In any view of the matter it is not for the court to find out whether the candidate from the technical side was having administrative experience of 10 years when he apply for the post of Assistant manager as we found that the many of the corporation clearly states that it was soul transaction of the Municipal Commissioner. To consider as to which post was technical or administrative.
