INDIRA BANERJEE, J. - (1.) BOTH the writ applications being WPCT No.633 of 2012 filed by the Union of India and others, WPCT No.653 of 2012 filed by Smti. Kalaichelvi Manickavelu, an employee of Andaman Lakshwadeep Harbour Works, hereinafter referred to ALHW, are directed against an order dated 27th August, 2012 passed by the Central Administrative Tribunal, Calcutta Bench, on Circuit at Port Blair, disposing of an application filed by Kalaichelvi Manickavelu under Section 19 of the Administrative Tribunals Act, 1985 being O.A. No.83/AN/2012, challenging an Order No.ALHW/ADM/2(26)/2010/Vol.II/5851 dated 2nd July, 2012 of the Chief Engineer and Administrator, ALHW whereby the promotion of the said Kalaichelvi Manickavelu as Assistant Engineer(Civil) by office order No. 623/200 dated 20th August, 2007 has been revoked after almost five years, on the purported ground that she did not possess the requisite qualification for promotion to the said post.
(2.) KALAICHELVI Manickavelu applied for the post of Draftsman Grade I in response to a notice being Reference No.PE/DD/C -2/25 dated 22nd September, 1984. The application of Kalaichelvi Manickavelu was considered along with the applications of other candidates, including candidates sponsored by the concerned Employment Exchange for the said post. Kalaichelvi Manickavelu was called for an interview on 23rd September, 1985 and was recommended for appointment to the post for which she had applied. By a Memorandum dated 24th January, 1986, Kalaichelvi Manickavelu was offered a temporary Group 'C ' post of Draftsman Grade II on ad hoc basis, and by an Order No.295 dated 10th July, 1986 she was regularised in service with retrospective effect from the date on which she joined the said post. By an order No.5462 dated 1st July, 2011 Kalaichelvi Manickavelu was promoted to the post of Draftsman Grade -I on the recommendations of the Departmental Promotion Committee constituted for the purpose. The eligibility criteria for appointment to the post of Draftsman Grade II is Diploma in Civil/Mechanical Engineering or equivalent qualification with two years ' experience in Drawing Office. In the case of Draftsman Grade -II, the qualifications regarding experience are relaxable at the discretion of the appointing authority, for reasons to be recorded in writing, in case of candidates belonging to Scheduled Castes and Scheduled Tribes, if at any stage of selection, the appointing authority is of the opinion that sufficient number of candidates from these communities, possessing the requisite experience, are not likely to be available to fill up the vacancies reserved for them.
(3.) THE requisite eligibility criteria for Draftsman Grade -I is Degree of a recognized University in Civil/Mechanical Engineering with two years ' experience in Draftsmanship or alternatively Diploma in Civil/Mechanical Engineering with five years ' experience in Drawing Office. The qualifications regarding experience are relaxable, at the discretion of the appointing authority, for reasons to be recorded in writing, in case of candidates belonging to Scheduled Castes and Scheduled Tribes, if at any stage of selection, the appointing authority is of the opinion that sufficient number of candidates from these communities, possessing the requisite experience, are not likely to be available to fill up the vacancies reserved for them. Under the Rules for recruitment inter alia of Draftsman Grade II and Draftsman Grade I of ALHW, the authorities of ALHW have no power or authority to relax the minimum requisite educational qualification, which is Diploma in Civil or Mechanical Engineering or equivalent qualification. The authorities only have limited power to relax qualifications regarding experience of otherwise suitable Scheduled Caste and Scheduled Tribe candidates if sufficient number of Scheduled Caste and/or Scheduled Tribe candidates possessing the requisite experience are not likely to be available to fill up the vacancies reserved for them. ;