Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Appointment Eligibility – Himachal Pradesh Staff Selection Commission (HPSSC) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Appointment – Eligibility – Himachal Pradesh Staff Selection Commission (HPSSC), acting on the requisition sent by the Himachal Pradesh State Electricity Board Ltd., (HPSEB) advertised 222 posts of Junior Engineer (Electrical) – Degree- holders in the concerned discipline approached the High Court in writ proceedings, claiming that since they possessed educational qualifications that were higher than the prescribed minimum (and advertised) qualifications, they could not be denied consideration – The diploma holders opposed this claim, and argued that the qualifications possessed by degree holders was neither higher nor can be considered in teeth of the recruitment rules as also on the basis of the advertisement issued by HPSSC – Eligibility of degree holders for appointment to the post of Junior Engineer (Electrical) under the relevant recruitment rules – Held: The higher post of Assistant Engineer (next in hierarchy to Junior Engineer) has nearly 2/3rds (64%) promotional quota – Amongst these individuals, those who held degrees before appointment as a Junior Engineers are entitled for consideration in a separate and distinct sub-quota, provided they function as a Junior Engineer continuously for a prescribed period – This salient aspect cannot be overlooked; it only shows the intent of the rule makers was not to exclude degree holders from consideration for the lower post of Junior Engineers – In addition to these considerations, an amendment to the rules was made on 03.06.2020 declaring that those with higher qualifications are also entitled to apply or be considered for appointment – This amendment was brought in to clear all doubts and controversies and, in that sense, the amending provisions should be deemed to have been inserted from inception – Thus, respondent HPSEB is directed to process the candidature of all applicants, including the degree holders who participated, and depending on the relative merits, proceed to issue the final selection list of all successful candidates, after holding interviews, etc. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2021 INSC 233 |
Petitioner | Puneet Sharma & Ors. Etc |
Respondent | Himachal Pradesh State Electricity Board Ltd. & Anr. Etc. |
SCR | [2021] 4 S.C.R. 351 |
Judgement Date | 2021-04-07 |
Case Number | 1318 |
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