Delhi High Court

Experience requirements for recruitment include non-regular service unless the advertisement specifically mandates regular appointment.

National Council Of Education And Research And Training And Anr. vs Atul Bisht And Anr.

Delhi High CourtJUDGMENT: April 02, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The respondents participated in a selection process for the post of TV Producer Grade-II following an advertisement dated 22 April 2023 issued by the petitioners (NCERT).

Source reference: para 3

The advertisement required a degree/diploma in Mass Communication and "three years' experience in the production of films or TV programs".

Source reference: para 4

The respondents cleared the written examination and document verification but were excluded from the final result issued on 22 April 2024.

Source reference: para 5-6

NCERT contended that the respondents were ineligible as they lacked three years of "regular" service experience.

Source reference: para 7

The respondents challenged this exclusion before the Central Administrative Tribunal (CAT) in OA 1980/2024, which ruled in their favor.

Source reference: para 1, 8

NCERT filed the present writ petition challenging the CAT's order.

Source reference: para 1
02

Issues

Whether the requirement of "three years' experience" specified in a recruitment advertisement can be interpreted to mean "three years' regular service" when the word "regular" was not stipulated in the advertisement.

Source reference: para 7, 10
03

Law Applied

The court applied the principle of literal interpretation of recruitment eligibility criteria.

Source reference: para 8, 11

Eligibility must be assessed strictly against the terms of the advertisement issued to the public.

Source reference: para 8, 11

Legal standards dictate that an employer cannot retrospectively read restrictive conditions (such as "regular appointment") into the prescribed experience criteria if such conditions were absent from the original recruitment notification.

Source reference: para 11
04

Reasoning

The court found that the advertisement explicitly prescribed "three years' experience" without any qualification regarding the nature of the appointment (regular or otherwise) under which such experience was gained.

Source reference: para 8, 10

It was undisputed that the respondents possessed the requisite three years of experience in film and TV production.

Source reference: para 10

The court rejected the petitioners' sole contention that "experience" should be equated with "regular service," noting that the Tribunal correctly identified the absence of the word "regular" in the advertisement.

Source reference: para 11

Consequently, the court held that the petitioners could not disqualify the respondents by imposing a new condition after the selection process had commenced.

Source reference: para 11-12
05

Holding

The High Court upheld the order of the Central Administrative Tribunal, finding no error in its reasoning.

The court dismissed the writ petition in limine and directed the petitioners to ensure compliance with the Tribunal's directions within four weeks.

Source reference: para 13-14
Delhi High Court

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National Council Of Education And Research And Training And Anr.vsAtul Bisht And Anr.

Delhi High Court · April 02, 2026

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