CHIEF MANAGER, PUNJAB NATIONAL BANK & Anr. v. ANIT KUMAR DAS

In the advertisement itself, it was specifically mentioned that a candidate should have passed 12th class or its equivalent with basic reading/writing knowledge of English and should not be a graduate as on 01.01.2016. The original writ petitioner never challenged the eligibility criteria/educational qualification mentioned in the advertisement. He participated in the recruitment process on the basis of the advertisement, without challenging the eligibility criteria/educational qualification mentioned in the advertisement. Therefore, once having participated in the recruitment process as per the advertisement, thereafter it is not open for him to contend that acquisition of higher qualification cannot be a disqualification and that too when he never challenged the eligibility criteria/educational qualification mentioned in the advertisement. [Paras 5 and 6][933-G; 935-F-H]

A conscious decision was taken by the bank providing eligibility criteria/educational qualification that a graduate candidate shall not be eligible for the post of Peon/subordinate staff, looking to the nature of the post. Recruitment to public service should be held strictly in accordance with the terms of advertisement and the recruitment rules, if any. Deviation from the rules allows entry to ineligible persons and deprives many others who could have competed for the post. [Paras 6 and 7.1][935-F; 936-B-C] Yogesh Kumar v. Government of NCT of Delhi (2003) 3 SCC 548 : [2003] 2 SCR 662 – relied on.

It is for the employer to determine and decide the relevancy and suitability of the qualifications for any post and it is not for the Courts to consider and assess. A greater latitude is permitted by the Courts for the employer to prescribe qualifications for any post. There is a rationale behind it. Qualifications are prescribed keeping in view the need and interest of an Institution or an Industry or an establishment as the case may be. The Courts are not fit instruments to assess A B C D E F G H CHIEF MANAGER, PUNJAB NATIONAL BANK & ANR. v. ANIT KUMAR DAS 927 expediency or advisability or utility of such prescription of qualifications. However, at the same time, the employer cannot act arbitrarily or fancifully in prescribing qualifications for posts. In the present case, prescribing the eligibility criteria/educational qualification that a graduate candidate shall not be eligible and the candidate must have passed 12th standard is justified and it is a conscious decision taken by the Bank which is in force since 2008. Therefore, the High Court has clearly erred in directing the appellant-Bank to allow the respondent-original writ petitioner to discharge his duties as a Peon, though he as such was not eligible as per the eligibility criteria/educational qualification mentioned in the advertisement. [Para 7.3][939-D-G]