W.P. (C) 341/2011. Case: The Joint Secretary (TRG) & Chief Administrative Officer Ministry of Defence Vs N. Srikumar & Ors.. High Court of Delhi (India)
| Case Number | W.P. (C) 341/2011 |
| Counsel | For Appellant: Mr R.N. Singh, Adv. and For Respondents: Mr. Santosh Kumar, Mr. Naresh Kaushik and Ms. Aditi Gupta, Adv. |
| Judges | Mr. Badar Durrez Ahmed and Mr. V.K. Jain, JJ. |
| Issue | Recruitment Rules - Rule 17, 18; Constitution of India - Article 309 |
| Citation | 2012 (5) AD 85 (Delhi) |
| Judgement Date | January 19, 2012 |
| Court | High Court of Delhi (India) |
Judgment:
V.K. Jain, J.
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This appeal is directed against the order of Central Administrative Tribunal, (Principal Bench) dated 05th March, 2010 passed in OA No. 579/2009, whereby the appointment of respondent No. 3 A. Krishnamoorthy as Deputy Director in Armed Forces Film and Photo Division was declared null and void and the official respondents in the OA were directed to constitute a review DPC and consider N. Srikumar, respondent No.1 before this Court (applicant in the OA), for promotion to the aforesaid post.
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The requisite qualifications prescribed in the Recruitment Rules for the post of Deputy Director are as under:
Essential:
(i) (a) Degree or Diploma in film direction from a recognized Institution or equivalent.
(b) 7 years professional experience in film production as Film Director.
Or
(a) Degree or Diploma in Cinematography from a recognized Institution or equivalent.
(b) 8 years professional experience in Film Production including at least 6 years experience as Film Director.
Or
(a) Degree of a recognized University or equivalent
(b) 8 years experience in Film Direction
(ii) Experience in the production of training films or documentaries.
Note 1:- Qualifications are relaxable at the direction of the Union Public Service Commission, the Union Public Service Commission 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.
Desirable
(i) Knowledge of Indian History and Culture and
(ii) Administrative experience:
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Shri A. Krishnamoorthy, respondent No. 3 in the OA was initially appointed as Assistant Director in September, 1995, whereas N. Srikumar, applicant in OA, was initially appointed as a Photographic Officer in October, 1992 and was later promoted as Assistant Director in April, 1997. Respondent No. 3, therefore, was senior to Shri N. Srikumar, in the feeder post of Assistant Director. The applicant in the OA, possessed Diploma in Cinematography, whereas Shri A. Krishnamoorthy possessed Diploma in Film Technology (Film Processing).
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N. Srikumar, applicant in OA No. 579/2009 first filed OA No. 643/2007, challenging the promotion of A. Krishnamoorthy as Deputy Director on the ground that he did not possess the essential qualifications prescribed in Recruitment Rules for the aforesaid post. Vide order dated 24th September, 2007 passed in OA No. 643/2007, the Tribunal directed the official respondents to refer the educational qualifications of Shri A. Krishnamoorthy to the Institute which had awarded the Diploma to him, to ascertain whether cinematography was part of his Diploma in technology or not and take appropriate decision on the basis of the outcome of the aforesaid reference. Since the official respondents, after seeking qualification from the Institute which had awarded Diploma to A. Krishnamoorthy, decided to uphold his eligibility qualification, Review Application No. 223/2007 was filed by the applicant before the Tribunal. Vide order dated 11th July, 2008, the Tribunal, while disposing of the Review Application, directed the official respondents to pass a speaking order in the matter. Vide detailed order dated 12th December, 2008, the official respondents inter alia decided as under:
The minimum educational qualifications required for the post of Deputy Director is Degree or Diploma in Film Direction or equivalent / Degree or Diploma in Cinematography from a recognized Institution or equivalent / Degree from any University. A cumulative reading of the essential educational qualifications as laid down in the statutory rules reveals that emphasis on technical education of a specific nature is not invariably essential as the SRO allows Degree in any subject with certain work experience as fulfilling the requirement...
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