BHAGIRATHDAN versus STATE OF RAJASTHAN AND ORS.

BHAGIRATHDAN versus STATE OF RAJASTHAN AND ORS.

Entry 6 of the Schedule to the Rajasthan Mines and Geological Service Rules, 1960 prescribes two distinct requirements for promotion to Deputy Drilling Engineer: (a) diploma in Mechanical Engineering, and (b) five years’ experience of drilling or maintenance of drilling machines. Possession of a higher educational qualification does not substitute for the requirement of practical experience. Appellants failed to establish by averment or evidence that they had the necessary five years' experience at the relevant date, and their belated affidavit could not be accepted.

Parties
Appellant: Bhagirathdan; Respondents: State of Rajasthan and Ors.
Jurisdiction
India
Judgment Date
14 August 1992
Procedural Posture
Civil Appeal / Appeal by Special Leave From Division Bench Judgment of Rajasthan High Court
Outcome
Appeals dismissed.
Legal Topics
Promotion in Service, Interpretation of Service Rules, Qualifications for Promotion
Civil Service Law Administrative Law Promotion in Service Interpretation of Service Rules Qualifications for Promotion

Case Brief

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Parties

Bhagirathdan

Appellant

State of Rajasthan and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Division Bench Judgment of Rajasthan High Court

Legal Issues

  1. 1 Whether higher educational qualification (degree) obviates the prescribed practical experience for promotion to Deputy Drilling Engineer under Rajasthan Mines and Geological Service Rules, 1960
  2. 2 Whether the appellants had the requisite five years’ experience of drilling or maintenance of drilling machines as required by the rules

Ratio Decidendi

Entry 6 of the Schedule to the Rajasthan Mines and Geological Service Rules, 1960 prescribes two distinct requirements for promotion to Deputy Drilling Engineer: (a) diploma in Mechanical Engineering, and (b) five years’ experience of drilling or maintenance of drilling machines. Possession of a higher educational qualification does not substitute for the requirement of practical experience. Appellants failed to establish by averment or evidence that they had the necessary five years' experience at the relevant date, and their belated affidavit could not be accepted.

Court Disposition

Appeals dismissed.