COMMISSIONER OF MUNICIPAL ADMINISTRATION & ANR.V. M. C. SHEELA EVANJALIN & ORS. versus M. C. SHEELA EVANJALIN & ORS.

Citation: [2019] 11 S.C.R. 159 · Decided: 22-08-2019 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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COMMISSIONER OF MUNICIPAL ADMINISTRATION & ANR.
v.
M. C. SHEELA EVANJALIN & ORS.
(Civil Appeal No. 6565 of 2019)
AUGUST 22, 2019
[L. NAGESWARA RAO AND HEMANT GUPTA, JJ.]
Service Law: Appointment – On facts, initial appointment of
respondent as Road Gang Mazdoor – Respondent claimed
appointment to the post of Overseer on basis of her qualification –
Several litigations – Pursuant to the order by the High Court,
respondent appointed as Revenue Assistant – Thereafter, respondent
filed writ petition seeking appointment to the post of Public Work
Supervisor, which was rejected – Subsequently, she filed another
writ petition – Issuance of direction by the High Court to appoint
respondent as Town Planning Commissioner – Respondent sought
appointment but her claim was rejected – Contempt petition by the
respondent alleging disobedience wherein the appellants were told
to comply with the order – On appeal, held: Possession of Diploma
in Civil Engineering is not entitlement to a public post unless such
post is advertised and opportunity is given to all the eligible
candidates to apply for the post in terms of applicable rules – Post
of Town Planning Inspector can be filled up either by way of
promotion or by direct recruitment – Respondent is not in the feeder
cadre for appointment to the post of Town Planning Inspector – In
the absence thereof, the High Court committed illegality in directing
the consideration for appointment of the respondent to the post of
Town Planning Inspector – The General Rules provide for promotion
for the post of Revenue Assistant to the post of Revenue Inspector
but not to the post of Town Planning Inspector – Town Planning
Assistant Draughtsman is the feeder cadre for promotion of Town
Planning Inspector and that the Revenue Assistant is not the feeder
cadre nor the respondent can claim any right to appointment only
on the basis of her educational qualifications – Once the
appointment to the post of Town Planning Inspector is not
contemplated from amongst the Revenue Inspectors, the respondent
cannot claim any parity on the basis of illegality committed by the
Municipality – Thus, the directions by the High Court are wholly
   [2019] 11 S.C.R. 1
159
   [2019] 11 S.C.R. 159
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SUPREME COURT REPORTS
[2019] 11 S.C.R.
without any legal basis and, thus, cannot be sustained and is set
aside.
Constitution of India: Art. 309 – Appointment to public post
– Manner of – Qualification for the post is not the criteria as any
appointment to a public post cannot be made merely on the basis of
possessing required educational qualifications – Any appointment
to a public post can be made in the manner provided by the
applicable recruitment rules in terms of law enacted u/Art. 309 or
its proviso – In absence thereof, the executive instructions may also
prescribe the eligibility conditions for appointment to the post.
Allowing the appeal, the Court
HELD: 1.1 The qualification for the post is not the criteria
for appointment to the public post as any appointment to a public
post cannot be made merely on the basis of possessing required
educational qualifications. Any appointment to a public post can
be made in the manner provided by the applicable recruitment
rules in terms of law enacted under Article 309 of the Constitution
of India or the Rules made in terms of proviso to Article 309 of
the Constitution of India. In the absence of law and/or the rules,
the executive instructions may also prescribe the eligibility
conditions including the educational qualifications, experience,
age limit for appointment to the post. In the instant case, the
respondent sought appointment as Revenue Assistant only on
the basis of the fact that she possesses Diploma in Civil
Engineering. The possession of Diploma in Civil Engineering is
not entitlement to a public post unless such post is advertised
and opportunity is given to all the eligible candidates to apply for
the post in terms of applicable rules. [Para 15] [166-E-G]
1.2 The Municipality Commissioner appointed the
respondent as Revenue Assistant way back in 2006. However,
the greed of the respondent for further promotion or appointment
to the higher post did not end. She wanted to be appointed as
Town Planning Officer again on the strength of her qualification.
As per the facts on record, the post of Town Planning Inspector
is governed by the Tamil Nadu Municipal Town Planning Service
Rules, 1970 and that such post can be filled up either by 

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