Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | after notification for recruitment Recruitment Power of the Court in providing equivalence of qualification Change in qualification Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Recruitment – Change in qualification/criteria after notification for recruitment – Respondent No.2- IBPS issued notification for post of Agricultural Field Officer (scale-1) – Requirement in the notification was of graduates possessing degree in ‘Agro-Forestry’ – Process of selection was undertaken and the private respondents were provisionally selected – However, after verification of their documents, their selection was cancelled on the ground that private respondents did not possess the qualification prescribed in the notification – As the private respondents had degree in ‘Forestry’ – Writ petitions – High Court held that qualification of the private respondents was appropriate – That apart, error was taken note by the Ministry of Agriculture and Farms Welfare that no 4-year Bachelor program in Agro-Forestry was available in the Country and it was suggested that B.Sc(Forestry) graduation be considered for the position of Agricultural Field Officer – Accordingly, a corrigendum dated 16.01.2016 was issued – In that background, the termination orders of the private respondents were set aside by the High Court – On appeal, held: If there is any change in qualification/criteria after the notification is issued but before the completion of the selection process and the employer/recruiting agency seeks to adopt the change it will be incumbent on the employer to issue a corrigendum incorporating the changes to the notification and invite applications from those qualified as per the changed criteria and consider the same along with the applications received in response to the initial notification – In the instant case, the private respondents were issued appointment letters on 17.09.2015 and 29.05.2015 respectively, the change was made subsequent thereto by the general corrigendum dated 16.01.2016 by including the qualification of B.Sc. (Forestry), which would be effective from that day by providing opportunity to all those holding that qualification – Therefore, in such case the change of qualification whereby the qualification of the private respondents gets included subsequently cannot enure to their benefit alone when several others who could have applied were prevented from doing so – In the said circumstance, the orders of the High Court set asideService Law – Recruitment – Power of the Court in providing equivalence of qualification – Held: The question in regard to equivalence of educational qualifications is a technical question based on proper assessment and evaluation of the relevant academic standards and practical attainments of such qualifications and where the decision of the Government is based on the recommendation of an expert body which possesses the requisite knowledge, skill and expertise for adequately discharging such a function, the Court, uninformed of relevant data and unaided by the technical insights necessary for the purpose of determining equivalence, would not lightly disturb the decision of the Government |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2019 INSC 882 |
Petitioner | Zonal Manager, Bank Of India, Zonal Office, Kochi & Ors. |
Respondent | Aarya K. Babu & Anr. |
SCR | [2019] 11 S.C.R. 627 |
Judgement Date | 2019-08-08 |
Case Number | 6206 |
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