Person Not Possessing Prescribed Qualifications Can't Be Appointed Even If They Qualify All Tests Laid Down For Recruitment: J&K High Court

Dismissing a petition filed by an individual who participated in the selection process for Constable (GD) in the Indo-Tibetan Border Police (ITBP) despite not possessing the mandatory matriculation qualification Justice Sanjeev Kumar observed,

“The eligibility for recruitment goes to the root of selection and the person, who does not possess the prescribed qualification, cannot be appointed against the post even if he has qualified all the tests laid down for such recruitment”.

Background:

The petitioner had participated in the selection process for 6224 Constable vacancies advertised by the ITBP. He provisionally cleared the written test and scored higher than the last selected candidate. However, during the final scrutiny, it was revealed that he lacked the minimum qualification of matriculation or its equivalent, as prescribed in the advertisement. Despite scoring well, his candidature was cancelled due to ineligibility.

The petitioner challenged his exclusion from the final list, arguing that he should be considered based on his performance in the tests.

Court's Observations:

Adjudicating the matter Justice Kumar, emphasized that the eligibility criteria form the foundation of the selection process and the same could not be overlooked even if a candidate performs exceptionally well in the subsequent stages.

Acknowledged the government's prerogative to set qualification requirements and recognise qualifications equivalent to them the bench stressed that the Courts are loath to enter into this arena and determine the qualifications which are equivalent to a particular qualification prescribed for recruitment to a post.

In this case, the court pointed out that the government had recognized the "Adeeb" qualification from Jamia Urdu, Aligarh, as equivalent to matriculation for posts requiring Urdu proficiency at that level. However, the Constable position did not necessitate such Urdu expertise.

Observing that making grades could not supplant the essentiality of basic qualifications Justice Kumar noted,

“There is no dispute with regard to the fact that post of Constable is not such as would require the knowledge of Urdu of High School/Matriculation standard, a fortiori it would mean that the petitioner possessing the qualification of Adeeb from Jamia Urdu, Aligarh does not possess the qualification of 10th or equivalent and therefore, is not eligible to be appointed as Constable (GD). This is notwithstanding the fact that he has provisionally participated in the selection process and has even made the grade”.

In light of said observations, the court dismissed the petition, upholding the petitioner's ineligibility due to the lack of the mandatory qualification.

Case Title: Vishal Khajuria V/s Staff Selection Commission

Citation: 2024 LiveLaw (JKL) 12

Click Here To Read/Download Judgment