Experience Of Skill Gained Prior To Obtaining Diploma Relevant For Appointment Unless Recruitment Advertisement Prescribes Otherwise: J&K&L HC

The Jammu and Kashmir and Ladakh High Court recently observed that unless a recruitment advertisement specifically mentions that the experience gained in a skill/ trade should be after the candidate has obtained a Diploma in that course, the prior experience can be considered for the purpose of selection and appointment.

The observation was made by Justice Ali Mohammad Magrey while dismissing the plea filed by a candidate who was unsuccessful in the Electrician recruitment process conducted by the High Court.

The Petitioner had challenged the appointment of 3rd Respondent to the said post on two grounds:

First, that the Respondent No. 3 had produced a certificate showing that he had successfully completed 312 hours' training in Electrician trade in the year 2016. It was the Petitioner's contention that the said certificate cannot be treated as Diploma in Electrician trade.

Second, it was argued that the Respondent No.3 was awarded 20 points for his 10 years' experience as Electrician, reckoned from the year 2004 till 2016, which is illegal, inasmuch as the date of completion of Electrician Diploma of Respondent No.3 is 2016 and the date of issuance of the advertisement notice is 18th of September, 2020, as such, at best, only 06 points could have been granted to him for having 03 years' experience after the Diploma.

The Court rejected both these contentions.

It observed that in an earlier round of litigation before the High Court on a similar issue back in 2010 in Mohammad Maqbool Wani & Ors. V. State of J&K & Ors., the conclusive findings were in favour of the parties who were on similar pedestal as the Respondent no. 3.

Moreover, the Court observed that Electrician is a trade / skill in which experience can easily be gained with or without having obtained a Diploma in the said trade. Thus, marks can be awarded for such experience. It observed,

"The conscious omission of the words in the criterion whether the experience should be before or after the Diploma course should support the view that the experience gained before obtaining the Diploma should count and should be sufficient and need not be after completion of the Diploma course...unless and until the advertisement notice or the selection criteria specifically mentions that the experience gained should be after Diploma course, it cannot be presumed that the same is intended to be acquired only after completion of the Diploma course." 

Accordingly, the petition was dismissed.

Case Title: Muzamil Ahmad Dar V/s High Court of Jammu and Kashmir & Ors.

Citation :2022 LiveLaw (JKL) 130

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