LexMOHD. RIAZUL USMAN GANI AND ORS. versus DISTRICT AND SESSIONS JUDGE, NAGPUR AND ORS.
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MOHD. RIAZUL USMAN GANI AND ORS.
A
v.
DISTRICT AND SESSIONS JUDGE, NAGPUR AND ORS.
FEBRUARY 11, 2000
[S. SAGHIR AHMAD AND D.P. WADHWA, JJ.)
B
Service Law-Recruitment-Shortlisting of candidate.r--Criteria must be
reasonable and not arbitrary having regard to the post-Denying a candidate
his right to be considered for the post on principle that he is having higher
qualification, than prescribed-Whetl1er can be considered as rational-field, c
no.
For recruitment to 66 posts of peons in the District and Sessions
C11urt, 14,965 upplications woere received. For short listing the applicants,
it wus laid down thut applications of those candidates possessin3 mini-
mum educutional qualification of passing IVth vernacular standard and/or D
educated upto passine ofVllth standard only should b2 considered for the
intervie'\7 to th:! posts of peons and those who had studied above Vllth
vernacular standard were not to be called for the interview as they may
not tahe proper interest in the wor!t of peons. Under the Recruitment Rules
for the post of a peon educational qualifications prescribed was not lower E
than a pass in examination of Standard IV in the regional language. The
up~~ts hcvb!:-J hip.~~ educatiocal qualifications chalb~d theufterin
o! sbo::U!sti:ir; l!!I e.~.ry. msmissi113 the ¥nit Ftitio::i cif the npp:U:ints,
tl::l Hi:}: CCl:irl l::?!d ttiot the p::rs11::lll hevlcg hiu::er cdc:atio:.:el Cil!..'llfico·
tfo::lS cfo :i11t ta!re {frop2r Interest in the work of peons and they g::nerally
F
feel shy and b21ol7 dl311ity wbe11 required to do the v1or!t of Sl'T-eepin3 the
c11urt rooms, chamb:rs of Judges etc. and that pers11n with higher educa·
tionnl qualificatim1s would also feel frustrated in the absence of proper
avcm::es f11r prorn11tion. This 11ppeal had been filed against the decision of
the Higlt Court.
Dispesing of the appeal, this Court
G
HELD : 1.1. Laying of criteria when there are large number of
candidates is permissible but that criteria must be reasonable and not
11rbitr11ry having regard to the post for which recruitment is mode. A
criteri11 \7hich hos the effect of denying 11 candidate bis right to be con· H
771
772
SUPREME COURT REPORTS
[2000] 1 S.C.R.
A sidered for the post on the principle that he is having higher qualification,
than prescribed cannot be rational. (777-E; 781-C]
1.2. In the instant case one of the criteria as laid by the Advisory
Committee cunstituted under the Rules that applications of those can·
didates possessing minimum educational qualification of passing IVth
B vernacular standard and/or educated upto passing of\'1Ith Standard only
should be considered for the interview to the post of peons and those who
have studied above Vllth vernacular standard should not be calh:d for
interview, as upheld by the Higb Court is not in any \·ray reasonable or
rational. By adopting such a course High Court has put its stamp of
C approval to another type of reservation for recruitment to the service
which is not permissible. A poor person can certainly acquire qualification
equivalent to S.S.C. Examination and not that he cannot go beyond Stand·
ard VII. Perhaps by restricting appointment to candidate having studied
only upto Standard VII High Court may not be encouraging dropouts. If
an employee does not perform the duties attached to the post disciplinary
D proceedings can certainly be taken against him. An employer cannot throw
up his hands in despair and devise a method denying appointment to a
person v1ho othemise meets the requisite qualifications on the ground that
if appointed, he would not perform his duties. Qualification prescribed is
minimum. Higher qualification cannot become a disadvantage to the can·
E didate. (781-E-F; B·CJ
1.3. If the appointment of a candidate to the posl of peon is restricted
to his having qualified up to Standard VU he will have no chanci. of
promotion to the post of .Regional Language Section Writer or a Clel"'.l. It
is not that quali~ications required for Regional Lunguag1: Section Writer
F pnd Clerk ure to be acquired by a peon during the course of his service.
G
When Recruitment Rules themselves prescribed that post of a Clerk can
be a promotional post of a peun having requisite qualification, there is
nothing wrong if a peon sends in his request for bdng considered to be
promoted as 11 Clerk. (780-E; G]
Govt. of A.P. v. P. Dilip Kumar, (1993] 2 SCC 310; M.P. Public Service
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