Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

Madhya Pradesh PSC
22. It is still unfortunate that when the additional return was filed even then what was stated is that
his teaching experience in the Government Engineering College, Jabalpur coupled with his studies in
the Rourkee University is good enough to be considered as “5 years experience in teaching/research
work/practicals”. Apparently, when the rule prescribes these three things, they all do not mean the
same and under which head, the studies in Rourkee University has been considered has not been
clearly stated. This also goes to show that these are different stands taken by the Public Service
Commission in the two returns which have been filed after intervals and it, therefore, becomes doubtful
as to what was in the mind of the Public Service Commission when they accepted the application of
this respondent No.3 and granted him an interview card. It is, therefore, clear that circumstances
appearing in this case do not show that while considering the requirement of the advertisement, the
Public Service Commission formed any opinion which could be said to be an opinion of an expert
body which should be considered with respect and the Court should be slow in interfering with it. The
circumstances appearing and discussed above clearly go to show that this respondent No.3 was
granted the interview card without considering as to whether he did fulfill the requirement of teaching
experience of 5 years and, therefore, in return different inconsistent stands have been taken when the
returns are filed after an interval and after a part of the arguments in the case was heard.
23. The question, therefore, that deserves to be considered is as to whether the period during
which this respondent No.3 was studying for his Master’s degree in Rourkee University could be
considered as teaching experience/research work/practicals. Admittedly, it could not fall in the category
of “administration of Technical Education” and this requires the consideration of the phrase ‘teaching
experience’.
24. In State of Bihar and others v. Dr. Asis Kumar Mukhrjee and others [(1975) 3 Supreme
Court Cases 602], their Lordships of the Supreme Court considered a similar situation and their
Lordships after quoting Denning, L.J. held that the Court has to examine the matter as it was observed:-
“When a defect appears a judge cannot simply fold his hands and blame the draftsman.
He must set to work on the constructive task of finding the intention of Parliament .. and
then he must supplement the written words so as to give ‘force and life’ to the intention of
Legislature. A judge should ask himself the question how, if the makers of the Act had
themselves come across this ruck in the texture of it, they would have straightened it out?
We must then do as they would have done. A judge must not alter the material of which
the Act is woven, but he can and should iron out the creases.”
In this view of the matter, therefore, it is plain that being a student would not be said to be equal to
being a teacher and, therefore, the experience gained during learning as a student could not be equated
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