Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Selection Service Law Post of Peon |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Appointment/ Selection – To the post of Peon in Bank –Entitlement – Eligibility criteria for the post as per the circularsissued by the Bank was 12 th class pass – It was specifically mentionedin the advertisement that the candidate should not be graduate –Respondent-candidate mentioned his qualification as 12 th pass –Appointment letter issued – During scrutiny it was found by Bankthat the candidate was graduate and hence not eligible for the post– Candidature cancelled – Writ Petition – Single Judge of HighCourt directed the Bank to allow the candidate to discharge hisduties as peon as per the appointment order – In writ appeal, DivisionBench of High Court affirmed the order of Single Judge – Appealto Supreme Court – Held: A conscious decision was taken by Bankproviding eligibility criteria/ educational qualification – It is forthe employer to determine the relevance and suitability of thequalification for any post – Courts are not fit instruments to assessthe expediency/ advisability/ utility of such prescription ofqualifications – The candidate having not challenged the eligibilitycriteria/ educational qualification in the advertisement and havingparticipated in the recruitment process, it is not open for him tocontend that higher qualification cannot be a disqualification –The candidate cannot claim right to appointment having suppressedthe material information and/ or giving false information – Impugnedorder is therefore set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2020 INSC 629 |
Petitioner | Chief Manager, Punjab National Bank & Anr.v. Anit Kumar Das |
Respondent | Anit Kumar Das |
SCR | [2020] 9 S.C.R. 925 |
Judgement Date | 2020-11-03 |
Case Number | 3602 |
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