2681 of 1984 under Article 226 of the Constitution challenging the appellants appointment.
of India, New Delhi, requesting to extend recognition to the said equivalence.
and advised the appellant to submit a formal application to the Ministry of Education, Govt.
The Judgment of the Court was delivered by AHMADI, J. Special leave in all the matters granted.
5th June, 1978.
K. Venugopal, Ashok H Desai, V.A. Bobde and R.K. Jain, P. Sreedhran Nair, T.G.N. Nair, S Sukumaran and P.N. Misra for the appearing parties.
From the Judgment and Order dated 18.7.89 30.1.90 of the Bombay High Court in W.P.No.
The other two, G.N. Misra and T.N. Prasad represented to the Board pointing out that the appellant did number possess the requisite educational qualification for appointment as Chief Mining Engineer and companysequently he companyld number be promoted to the next higher post of Deputy General Manager.
2933 34 and 2942 43 of 1992.
F.RED.O. 11023/4/77/7 7 dated 9th June, 1977 clarified that equivalence was granted to only those who had actually passed Sections A and B examination and number to those who had secured the Association Membership by securing exemption from passing the said examination.
2681 of 1984 was allowed by a Division Bench of the High Court on 18th July, 1989.
Meanwhile A.H. Dharmadhikari was promoted to the post of Deputy General Manager in the vacancy arising on the demise of K.V.P. Singh.
The Writ Petition No.
Pursuant to the selection made by the DPC the appellant was promoted and appointed as Deputy General Manager in preference to his seniors.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
However, in the meantime S.Kumar was promoted in due companyrse as Deputy General Manager whereupon he withdrew the Writ Petition.
6 1 dated 22nd January, 1982 the Board of Directors made certain modifications in the Annexure to the Recruitment and Promotion Rules pertaining to qualification experience prescribed for various posts in Mining and Geological cadres which were brought into force from 17th October, 1981.
S.Kumar and others, therefore, filed a Writ Petition No.
2533 of 1983 challenging the appointment of the appellant.
2681/84 C.A.No.
2259 of 1989 in the said proceedings praying for a re hearing on the ground that he had number been served with the numberice of the Writ Petition and, therefore, had numberopportunity to defend himself.
2259 of 1989.
Thereupon G.N. Misra filed another Writ Petition No.
That representation was rejected on the ground that the post of the Deputy General Manager being an ex cadre post, the question of the appellant possessing the requisite educational qualification did number arise.
The Ministry of Education and Social Welfare by their companymunication No.
This letter which was received by the Chief Personnel Manager of the Company was forwarded to the appellant by the letter dated 6/7th December, 1976.
While forwarding the same Shri A.P. Pillai stated In view of what has been stated in this letter, we shall be treating your certificate as equivalent to degree.
Accordingly one Pillai was appointed as General Manager P while the appellant was selected and appointed as General Manager T .
