9911796707
TMI Blog2015 (10) TMI 489X X X X Extracts X X X X X X X X Extracts X X X X ..... ngly, it was held that the qualifications of AIME and the experience of service had to be post the acquisition of the degree. In the present case, as noticed, the issue is not of any dispute inter se the Diploma holders and Degree holders. The Rules provide that a person has to be a graduate in Civil Engineering and he must have the experience of working either under Government, private employment or on the academic side. In the alternative, the experience as a Consulting Engineer, Valuer of not less than 10 years, has been made mandatory, subject to certain conditions. The observations made by the Apex Court in the case of A.K.Raghumani Singh (2000 (4) TMI 819 - SUPREME COURT) and Anil Kumar Gupta (1999 (11) TMI 867 - SUPREME COURT) would squarely apply and the respondents were not justified in reading the qualification into the conjective word and implying that experience had to be subsequent to the acquisition of the degree. In such circumstances, the question of law is answered in favour of the writ petitioners that it is not necessary to gain the experience under the Rules, after the acquisition of the educational qualifications and accordingly, the order dated 31.12.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g in 2009, the petitioner had worked for two years with the said firm and thereafter, worked independently for three years and had the necessary qualifications. Resultantly, the impugned order was passed. In the written statement filed by the department, the plea taken was that the petitioner did not fulfill the statutory requirements. The earlier registration granted was an erroneous action and will not confer any indefeasible right to claim registration. The degree in Civil Engineering had been taken by Distance Education and not as a regular student. The competent authority was well within his right to rectify its mistake and the same could not be allowed to be perpetuated. Reference was made to Section 34AB of the Act, which provides registration of valuers and Rule 8A(2)(i) of the Rules, which pertains to the qualifications. Accordingly, it was pleaded that the erroneous registration had been earlier granted but when they had applied for continuation, it was noticed that they did not fulfill the requisite conditions. The experience of ten years would be completed in the year 2019 and, therefore, on account of ineligibility, the impugned order had been passed which was accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in this behalf may apply to the Chief Commissioner or Director-General in the prescribed form for being registered as a valuer under this section: Provided that different qualifications may be prescribed for valuers of different classes of assets. (3) Every application under sub-section (2) shall be verified in the prescribed manner, shall be accompanied by such fees as may be prescribed and shall contain a declaration to the effect that the applicant will (i) make an impartial and true valuation of any asset which he may be required to value; (ii) furnish a report of such valuation in the prescribed form; (iii) charge fees at a rate not exceeding the rate or rates prescribed in this behalf; (vi) not undertake valuation of any asset in which he has a direct or indirect interest. (4) The report of valuation of any asset by a registered valuer shall be in the prescribed form and be verified in the prescribed manner. Qualifications of Registered Valuers 8A.(1) For the purposes of sub-section (2) of section 34AB, the qualifications for registration as valuers of different classes of asset shall be as specified in sub-rules (2) to (11). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me and again before the Apex Court. Reference can be made to M. Suresh Nathan Vs. Union of India 1992 AIR (SC) 564 wherein the relevant rule was as follows: 1. Section Officers possessing a recognised Degree in Civil Engineering or equivalent with three years' service in the grade failing which Section Officers holding Diploma in Civil Engineering with six years' service in the grade 50%. 2. Section Officers possessing a recognised Diploma in Civil Engineering with six years' service in the grade 50% The three Judges Bench held that service of Diploma holders prior to obtaining the degree cannot be counted as service in the grade with the degree. It was, accordingly, held that the period of 3 years can commence only from the date of obtaining the degree and not earlier. The issue was promotion of the Junior Engineers to the post of Assistant Engineers and whether the Diploma holder Junior Engineers who had obtained a degree in the service, became eligible for appointment by way of promotion on the completion of the 3 years of service. The contest was with the degree holders. The decision was based on the practice prevailing in the department for a n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of M.B.Joshi (supra) was preferred and it was held that it would not be appropriate to count the experience only from the date of acquisition of a superior educational qualification. The view of the Tribunal that the experience of 3 years was not to be counted from the date of acquisition of the degree in Electrical Engineering, was upheld. In Anil Kumar Gupta others Vs. Municipal Corporation of Delhi others (2000) 1 SCC 128, the question for consideration by the Apex Court was framed as under: Whether, while deciding whether the respondents had two years' experience, the experience gained while holding diplomas could also be counted in addition to the experience gained after obtaining degree? The said question was answered by holding that the language of the notification was not as such that the two years' professional experience had to be gained after obtaining the degree. The qualifications for appointment were (a) degree in Civil Engineering and (b) two years professional experience. The qualifications are, therefore, similar to those in the case before us. Moreover, the word and and not the word with connects the two qualifications which makes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... employer as per Rules 8A(a) 8A(b), respectively, from which he would have retired or resigned. As per Rule 8A(c), if the person had worked as a Professor or Reader or Lecturer in the University, College or any other institution preparing students for a degree in the said field, also ten years experience was required. In case the said experience was not there of employment as noticed above with the Government or other employer or educational institution, the experience as a professional and having practice of not less than Rs. 50,000/- as a Consulting Engineer for a period of not less than ten years was required in the fields pertaining to valuation of the buildings and urban lands, quantity in surveying building construction, architectural or structural designing of buildings and town planing or construction of buildings and development of land under Rule 8B. Counsel for the respondents has laid great stress on the judgment of the Apex Court in Indian Airlines Limited and Others v. S.Gopalakrishnan 2001(1) R.S.J. 455. A perusal of the said judgment would go on to show that in addition to the wording of the rule, it was noticed that in the general information instructions a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
