Full Judgment Text
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PETITIONER:
BASHIR AHMAD & ORS.
Vs.
RESPONDENT:
STATE OF PUNJAB & ORS.
DATE OF JUDGMENT: 22/03/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
JT 1996 (4) 285 1996 SCALE (3)556
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
This appeal by special leave arises from the judgment
and order of the High Court of Punjab and Haryana made on
February 22, 1994 in CWP No.12838/93. Admittedly, the
appellants had worked initially as cleaners and thereafter
they were promoted as Divers in Poultry Department of the
State of Punjab. Since they were found to be surplus, they
were retrenched When the Government had notified for direct
recruitment in the Department of Animal Husbandry, the
appellants also had applied for direct recruitment. They
were not selected on the ground that they did not possess
the required educational qualifications. Consequently, they
filed the writ petition which came to be dismissed. Thus,
this appeal by special leave.
The learned counsel for the appellants has strenuously
contended that this Court in C.A. No.3496 of 1990 titled
B.N. Saxena vs. N.D.M.C. decided on July 25, 1990 read down
the rule holding that after the initial appointments
experience gained for a considerable length of time is
itself a qualification for promotion and, therefore,
requirement of further qualification was bad in law. He also
relied upon another judgment in State of U.P. & Ors. vs.
J.P. Chaurasia & Ors. [(1989) 1 SCC 121]. Relying thereon,
it is contended that the rule prescribing educational
qualifications as one of the qualifications for direct
recruitment must be read down. So read down, since the
appellants have the necessary experience, it must be
construed to be a qualification for recruitment. The view
taken by the High Court and recruitment authority is had in
law. We find no force in that contention. It is seen that
for the direct recruitment only. The Government in the rule
have prescribed driving licence and also knowledge of
Punjabi language upto middle standard to be the
qualification. Therefore, anyone who possesses those
qualification has to be considered for recruitment. Since,
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admittedly,. The appellants are not fulfilling the said
criteria, the dismissal of the writ petition cannot be said
to be illegal.
The appeal is accordingly dismissed. No costs .