ORDER
S.B. Sinha, C.J.
1. An interesting question, as regarding interpretation of an eligibility clause for holding the post of Chief General Manager (hereinafter referred to as ‘CGM’ for the sake of brevity) in A.P. Industrial Development Corporation, Hyderabad (hereinafter referred to as ‘the Corporation’ for the sake of brevity), has been raised in these appeals. The said clause reads thus:
“Qualifications and experience for all General Managers and Deputy General
Managers:
Education:
Atleast I Class Degree in Engineering or Technology or a I Class Master’s Degree in Science, with MBA qualifications.
Experience:
Atleast 15/12 years experience for GM/ DGM in an Industrial Organisation of repute or in a Financial Consultancy Organisation in Technical and/or Finance and/or Project Appraisal work in responsible positions. Dynamism and result oriented capacity to work”
2. It is not in dispute that the appellants were promoted to the post of Deputy General Manager. They do not have any MBA qualification. Their cases
for promotion to the post of COM, the re-designated post of the General Manager, were not considered on the ground that they do not hold MBA qualification.
3. The question, which arises before us, is as to whether the ‘comma’ after the word I Class Masters’ Degree in Science and MBA qualifications mean that an MBA qualification is necessary irrespective of the fact that the candidates hold the Degree in Engineering or Technology? In other words, the question raised centers around the ‘comma’ between I Class Master’s Degree in Science and with MBA qualification.
4. The learned single Judge held that the Degree in MBA is an essential qualification for all.
5. Mr. Nuty Rammohan Rao, as also Mr. C. V. Mohan Reddy, the learned Counsel appearing for the appellants, inter alia submitted that the entire clause has to be read as a whole inasmuch as educational qualification of MBA, which is a professional qualification, would be necessary only for those who do not hold the same. The learned Counsel would contend that both Engineering and MBA. Degrees being professional qualifications, the appellants cannot be asked to possess two professional qualifications. It was submitted that, in any event, as the Board of Directors of the Company itself had all alone interpreted the same to mean that only those holding general qualification would be required to possess or require possessing MBA, the same interpretation should prevail. Alternatively, it was urged that the word ‘or’ after the word ‘technology’ must be read conjunctively and not disjunctively. In support of the said contention, the learned Counsel relied on the decisions of the Supreme Court in Mohd. Shabbir v. State of Maharashtra, AIR 1979 SC 564 and Delhi Municipality v. Tek Chand, .
6. Mr. Subba Reddy, the learned senior Counsel appearing on behalf of the 3rd respondent, on the other hand, submit that the comma used in the clause has a great significance and in this connection he has drawn our attention to its definition as contained in Oxford dictionary.
7. Mr. Shastri, the learned Counsel appearing on behalf of the writ petitioners, adopted the submission of Mr. Subbareddy. He, however, relied upon a decision of this Court in N.B. Ramesh v. Krishna Reddy, 1998 (5) SLR 102 (DB).
8. In Oxford Dictionary the meaning of ‘comma’ is stated as follows:
“comma: n.1. a punctuation mark (,) indicating a pause between parts of a sentence, or dividing items in a list, string of figures, etc.2. Mus. A definite minute interval or difference of pitch”.
In the said dictionary, the author while dealing with the “Punctuation Marks” (Appendix-VIII) explained about ‘comma*, which reads:
“5.Comma(,)
5.1 Use of the comma is more difficult to describe that other punctuation marks, and there is much variation in practice. Essentially, its role is to give detail to the structure of sentences, especially longer ones, and make their meaning clear. Too many commas can be distracting; too few can make a pieced of writing difficult to read or, worse, difficult to understand.
5.2.1 The comma is widely used to separate the main clauses of a compound sentence when they are not sufficiently close in meaning or content to form a continuous unpunctuated sentence, and are not distinct enough to warrant a semicolon. A conjunction such as and, but, yet, etc., is normally used:
The road runs through a beautiful wooded valley, and the railway line follows it closely.
5.2.2 It is considered incorrect to join the clauses of a compound sentence without a conjunction. In the following sentence, the comma should either be replaced semicolon, or be retained and followed by and:
I like swimming very much, I go to the pool every week.
5.2.3 It is also considered incorrect to separate a subject from its verb with a comma:
Those with the smallest incomes and no other means, should get most support.
5.3.1 Commas are usually inserted between adjectives coming before a noun:
An enterprising, ambitious person. A cold, damp, badly heated room.
5.3.2 But the comma is omitted when the last adjective has a closer relation to the noun than the others:
A distinguished foreign politician.
A little old lady.
xxx”
9. In Webster’s Dictionary the word ‘comma’ means:
“comma: n. [a short clause in a sentence; that which is struck or cut-off, from coptein, to cut-off]
1. a mark of punctuation (,) used to indicate a slight separation of sentence elements; commas are used to set-off nonrestrictive or parenthetical elements; quotations, items in a series, etc.
2. a slight pause
3. in music, any of various minute intervals, as that between the major and the minor tone.
4. in ancient prosody, a phrase or short clause.
5. a butterfly, Grapta comma-album, bearing a white, comma-shaped mark on the lower wings.
Comma bacillus; a comma-shaped bacillus, also known as the cholera bacillus, because is causes Asiatic cholera”.
10. With a view to answer the question posed, it would be expedient to consider the educational qualification of other cadres, which are:
(i) For Chemical and Chemical Engg. Cadre:
(a) Essential: Atleast a I Class Degree in Chemical Engg. Or its equivalent or and I Class Master’s Degree in Organic or Inorganic Chemistry.
(b) Desirable: Master’s Degree in Chemical Engineering or Ph.D. in
Chemistry.
(c) Additional: MBA will be an additional qualification.
(ii) For Mechanical and Electrical Engg. Cadre:
(a) Essential: Atleast a I Class Degree in Mechanical or Electrical or Mineral or Metallurgical Engg. Or its equivalent.
(b) Desirable: Master’s Degree in Mechanical or Electrical Engg. Or in Foundry or in Mineral or Metallurgical Engg. Or its equivalent.
(c) Additional: MBA will be an additional qualification.
(iii) For Project Finance Cadre:
(a) Essential: Atleast a I Class Graduate Degree with MBA or IIM Diploma.
(b) Desirable: Master’s Degree in Commerce”.
11. It would also be relevant to interpret the requirement of educational qualification, having regard to the necessity of possessing the experience for holding the said post. For the post of CGM, the experience required is:
“Experience:
Atleast 15/12 years experience for GM/ DGM in an Industrial Organisation of repute or in a Financial Consultancy Organisation in Technical and/or Finance and/or Project Appraisal work in responsible positions. Dynamism and result oriented capacity to work”.
12. It is therefore not in dispute that experience in an industrial organisation of repute or in a Financial Consultancy Organisation or Project Appraisal work in responsible position would be an essential qualification, besides the educational qualifications referred thereto before.
13. The post of CGM is an executive post. It is not for the Court to decide as regards the requirements to hold the said post. The interpretation of such requirements must be in consonance with the intent and object of the Corporation.
14. In Wren and Martin Grammar and Composition Book, the author defines the usage of “comma”, which reads:
“265. The Comma represents the shortest pause, and is used:
1. To separate a series of words in the same construction; as England, France and Italy formed an alliance.
He lost lands, money, reputation and friends.
It was a long, dull and wearisome journey.
He wrote, his exercise neatly, quickly and correctly.
Note:–A comma is generally not placed before the word preceded by and.
2. To separate each pair of words connected by and as
We should be devout and humble, cheerful and serene. High and tow, rich and poor, wise and foolish.
Must all dies.
3. After a native Absolute: as
This done, she returned to the old man with a lovely smile on her face.
The Wind being favourable, the squadron sailed.
The genius making me no answer, I turned about to address myself to him a
second time.
4. To mark off Noun or phrase in Apposition”.
15. It is, thus, clear that the decision of the Apex Court in Mohd. Shabbir’s case (supra), therefore, runs counter to the submissions made by Mr. Nuty Rammohan Rao. The question which arose for consideration, in that case, was as to whether in the absence of any comma after the clause “stocks or exhibits for sale” would attract the penal provisions of Section 27 of the Drugs and Cosmetics Act, which is in the following terms:
“27. Whoever himself or by any other person on his behalf manufacturers for sale, sells, stocks or exhibits for sale or distributes-
(a) any drug-
(i) deemed to be misbranded under cl.(a), cl.(b), cl.(c), cl.(d), cl.(f) or cl.(g) of Section 17 or adulterated under Section 17-B; or
(ii) without a valid licence as required under clause (c) of Section 18.
shall be punishable with imprisonment for a term shall not be less than one year but which may extend to ten years and shall also be liable to fine;
Provided that the Court may, for any special reasons to be recorded in writing, impost a sentence of imprisonment of less than one year”.
The Apex Court, in the facts and circumstances of that case, held that the word “stocks or exhibits for sale”, in the absence of any ‘comma’ after the word “stocks” clearly indicates that it is one indivisible whole and it contemplates not merely stocking the drugs but stocking the drugs for the purpose of sale and unless all the ingredients of this category are satisfied, Section 27 of the Act would not be attracted.
16. In the instant case, however, ‘comma’ has been used to support all disjunctive words. Having regard to the fact that the Clause prescribed for Educational Qualifications speaks of a qualification essential for holding a responsible post, and thus, it is not possible for this Court to accept the submission that only because the same had been interpreted differently at an earlier point of time, the same should be allowed to prevail.
17. Even the doctrine of ‘Canterporanea Expositio’ is also not applicable to the instant case.
18. In Principles of Statutory Interpretation’ by Justice G.P. Singh, former
Chief Justice of Madhya Pradesh High Court, at page 252, it was stated:
“Subject to use made of contemporary official statements and statutory instruments the principle of contemporanea expositio is not applicable to a modem statute. Even if the persons who dealt with the Act understood it in a particular manner, that does not prevent the Court in giving to the Act its true construction. The doctrine “is confined to the construction of ambiguous language used in very old statutes where indeed the language itself have had a rather different meaning in those days…..”
19. For the reasons afore-mentioned, we do not find any reason to interfere with the impugned order of the learned single Judge. The appeals are accordingly dismissed. No order as to costs.