In a significant ruling, the Madhya Pradesh High Court has clarified that the experience of a serving employee should be considered over set educational qualifications, especially in cases not directly related to specialized knowledge like engineering or medicine. This came to light following a court case involving a driver who was dismissed after 25 years of service due to allegedly insufficient educational qualifications.
Justice Sanjay Dwivedi of the single bench made a pivotal decision stating, “The long-term performance of duties is a valid substitute for the expected qualifications.” This statement came during the hearing of a case concerning Ram Dayal Yadav, who was appointed as a driver at the Shahdol Polytechnic College in 1997 but was later found to be underqualified based on the stipulated criteria at the time of his appointment.
Yadav, initially employed on a provisional basis, was regularized in 1998. It wasn’t until 2020 that questions regarding his educational qualifications arose, leading to a show-cause notice and his subsequent dismissal. The notice pointed out that Yadav had only completed the fifth grade, whereas the minimum requirement for his position was passing the eighth grade.
During the proceedings, the court noted that there was no clarity in the recruitment advertisement issued in 1994 regarding the educational qualifications required for the driver’s position. Justice Dwivedi remarked on the sudden awakening of the authorities after 25 years, suggesting a delay in enforcing the rules that seemed unreasonable and unfair.
The court ultimately overturned the order to dismiss Yadav, reinstating him and recognizing the substantial experience he had gained over the years. The judge highlighted that such experience must be acknowledged as equivalent to the formal educational qualifications initially required.
This ruling underscores a broader legal perspective that values practical experience, particularly for roles that do not inherently require formal education. It also reflects a judicial sensitivity to the livelihood and dignity of long-serving employees who might be displaced by stringent adherence to qualifications that may not align with the practical demands of their jobs.
