NARENDRA KUMAR JAIN-I,BELA M.TRIVEDI - (1.) AT the request of parties, arguments were heard and the intra Court appeal is being disposed off finally.
(2.) PETITIONER/appellant filed a writ petition before the Single Bench challenging the promotion order of respondent No.2 on the post of Principal on the ground that he was not having requisite experience of 5 years after obtaining degree in B.E. Learned Single Judge dismissed the writ petition after recording finding that respondent No.2, on the date of promotion, was having requisite educational qualification as well as experience of 5 years. Being aggrieved with the order of Single Bench, appellant has preferred this intra Court appeal. Submission of the learned counsel for appellant is that experience of 5 years should have been counted after obtaining degree of B.E. and not for the period prior to obtaining the degree. He submitted that respondent No.2 did not acquire requisite experience after obtaining degree of B.E. However, he has not disputed that respondent No.2 had completed the experience of 5 years on the date of promotion. Learned counsel for respondents submitted that 5 years experience was required to be counted after appointment on substantive basis and not after obtaining degree of B.E. We have considered the submissions of learned counsel for the parties and examined the relevant rules. As per Notification dated 01.09.1988, annexed with the writ petition, it is clear that a person is required 5 years experience for degree holders in Civil/Mechanical/ Electrical engineering or equivalent qualifications. There is nothing in the rules to show that 5 years experience should be only after obtaining degree.
(3.) IN these circumstances, we do not find any force in the submissions of learned counsel for appellant and finding of Single Bench is absolutely based on proper interpretation of the rules. Thus, we find no force in this intra Court appeal and the same is, accordingly, dismissed with no order as to costs.;