Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law:Selection – Advertisement for filling up posts of “TechnicianIII” – Qualification specified for the post was “Matric with ITI” –Appellants applied for the post – All of them possessed Diplomaand none of them possessed ITI certification – They were called forwritten test as well as interview – Thereafter Service Selection Boarddecided that only ITI in the relevant trade would be considered forthe post – Appellants were not included in the Select List – Appellantsfiled writ petitions seeking consideration of their candidature forselection to the post and sought for quashing of the Select List –Single Judge of High Court quashing the Select List held that it wasnot open to exclude the appellants after the process of selectionwas set in motion and that Diploma being higher qualification thanITI, their qualification was adequate for the post in question – InLetters Patent Appeals, Division Bench of High Court reversed thejudgment of Single Judge – On appeal, held: The Board did notbring about any change in the Rules or in the norms governing theselection mid-stream – It only resolved to adhere to the qualificationwhich was prescribed in the advertisement – It would not bepermissible to draw an inference that a higher qualificationnecessarily presupposes acquisition of lower qualification – It isfor the State to determine whether a particular qualification shouldor should not be regarded as equivalent qualification – Thestipulation in Note 12 of the advertisement that the Board was entitledto assign additional weightage for a higher qualification vests inthe Board with a discretion in pursuance of an enabling power,which may or may not be exercised – A candidate has no vestedright to assert that the Board must as a mandate assign an additionalweightage to a higher qualification – Therefore, Division Bench was right in holding that the appellants did not meet the prescribedqualification – However, since the appellants have spent nearlyfour years in pursuing their quest for the job and might have becomeage barred, they are granted age relaxation to the extent of fouryears to apply for any post advertised by the State in the next twoyears.Judicial Review:Prescription of qualification – For recruitment to a post –Judicial review – Permissibility – Held: Prescription of qualificationsfor a post is a matter of recruitment policy – It is no part of the roleor function of judicial review to expand upon the ambit of theprescribed qualifications – Similarly equivalence of a qualificationis also not a matter which can be determined in exercise of thepower of judicial review |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 1159 |
Petitioner | Zahoor Ahmad Rather And Ors Etc |
Respondent | Sheikh Imtiyaz Ahmad And Ors Etc |
SCR | [2018] 14 S.C.R. 1082 |
Judgement Date | 2018-12-05 |
Case Number | 11853-11854 |
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