63 11 cwp No9356 of 2010 A 4T THE HIGH COURT OF pAB AND HARY AT CHANDIG CWPNo9356 of 2010 OF DECISION Novemberl82011 DATE Shiv Kumar ePetitloner m Q 0 versus 0 I C5 CorporationBank and others I espondents Z 0 I CORAM HONBLE S JUSTICE DAYA CHAUDHARY t Z HNKhanduja cate for the petitloner Present Mr ClO MrHHundal Advocate for respondent Nos 1 to 4 emo MrIPabla Advocate for respondent NoA Z ll DAYA CHAUDHARYJ The present petition has been filed for cIuashingthe appointment of respondent No who has been selected and appointed as Peon with the respondentBank on the premise that he had concealed the material facts of passing of 1042 examination Fllrther a writ in the nature of mandamus is sought Radhika 2014.05.08 14: 27 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 64 CWPNo9356 of 2010 2 1 1 pr of direction to the respondents to lssuance appoint the petitioner lIl place of respondent NoAe Learned counsel for the petitioner submits that respondentBank advertised three posts of Peon for the Branches at Kurukshetra and Shahabad vide advertisement dated 13102009 As per advertisenent there were three posts of Peons one was pennanent and two were temporary It was also mentioned in the r advertisernent that the candidates having 0 0 qualification of 1042 were not eligible for Z 0 appointment as Peon and the minm qualification I required for the post was middle pass and should not Z have passed 1042 The applications were to be submitted on simple paper giving details of their I age date of birth qualifications etce The 0 petitioner showing his qualification as matriculation Z applied for the aforesaid post Moreover he was m working with bank on daily wage basis Slnce May 2009 m Z Interview letter was issued and he appeared in the interview e The petitioner respondent No4 as well as other candidates fumished declarations on the prescribed profo that they had not passed higher secondary examlnatlon 10421 or equivalent qualification It was also mentioned that in case the particulars furnished by them or other details are found to be false the appointment can be cancelled Respondent No4 has passed 1042 Radhika 2014.05.08 14: 27 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 65 CWPNo9356 of 2010 3 s1 amination and a wrong declaration was made by him that he had not passed 1042 examination and this material fact was concealed from the official respondents Respondent No 4 was selected and against peent post because of close relation working ln the Bank and inspite of giving wrong declaration the Petitioner was selected 1 against a tenporary post 1 After issuing notice of motion replies on 0 0 behalf of bank as well as respondent NO have been I C5 filed which are on record I Learned counsel for the respondent bank Z submits that the factum of pasSlng of 1042 0 examination came to the notice of the respondent bank I subsequently lee after his selection and appointment t and now departmentalproceedings have been initiated Z against him It was also argued by the learned 0 counsel for the respondent bank that the petitioner m Z was appointed against tenporary post and in case 0m some post is vacant he could be adjusted during that period against regular appointment Respondent No 4 was selected and appointed against a permanent post In support of his arguments learned counsel for the petitioner has relied upon judgments rendered ln Anand Parkash ve State of Haryana and another 2008 SCT 410 Roshan Lal Ve State of Haryana 2001 SCT 495 Narender Sinah Kundu Ve Haryana vidyut Prasaran Radhika 2014.05.08 14: 27 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 66 CWPNo9356 of 2010 4 arn Ltde and others 200411 SCT 410 and DreSh chandra Sahuve State of Orissa 1995 SCT 560 Learnedcounsel for respondent No A submits that respondent No has lost the certificate of 1042 and because of that reasons this fact was not mentioned in the applicationand moreover he is ready to glve an undertakingthat in future also he would 1 not claim any benefit of qualification of 1042 In supportof his arguments learned counsel has relied 0 0 Manjit Sinah ve State of Punjab upon the judgments lIl I C5 and others 2010 SCT 703 Mohde Riazul Us Gani I District 8 Sessions Judqer Naqpur 2000 SCT 10 Ve Z Jaqjit Sinah ve State of Puniab and others 20099 SCT 744 and Maniit Simh ve State of Pmjab and I others 2009 SCT 445 t3 Heard the learned counsel for the parties Z and have also gone through the record of the case r Admittedly three posts of Peon were 1 m Z advertised out of which one post 1S permanent and Qm two psots are temporary The qualification for the said posts was middle pass and candidates should not have passed 1042 examination The petitioner fulfilled the requisite qualification and a undertaking was given that he had not passed 1042 examination As per advertisement respondent No A was not eligible for selection as per condition imposed 111 the advertisenent It was clearly Radhika 2014.05.08 14: 27 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 67 CWPNo9356 of 2010 5 ntioned that in case any candidate gives wrong information with regard to qualification or other details the appointment can be cancelled In the application submitted by respondent No4 for the post of Peon he has furnished his qualification as 10 class passed from Haryana Board School Education Bhiwani In the advertisenent it specifically mentioned that the candidate should was C2 not have passed 1042 After making the selection 0 0 undertakings were obtained from the candidates that I C5 in case information furnished are found to be I falselincorrect then the appointment would be Z cancelled 2 C After the selection against a permanent I post respondentNo4 joined as Peon with the bank A r Z complaint was received containing the allegations that respondent No 4 was having the qualification of m 1042 which fact is not disputed by learned counsel 7 Z for respondent No ll Now the question arlses for consideration by this Court is as to whether the candidate having a higher qualification can be disqualified in case he did not furnish the said higher qualification in the application especially when it has been 1 specifically mentioned lIl the advertisement that helshe should not have passed 1042 1 Radhika 2014.05.08 14: 27 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 68 CWPNo9356 of 2010 6 r In the present case petitioner claims to e have the qualification of matriculation and he has been appointed against a temporary post whereas No4 has possessed the qualification of 1042 and has been appointed against a pennanent post No doubt respondent No is more qualified than the petitioner The petitioner respondent No4 and other 1 selected candidate furnished undertakings that any information furnished by them 1S found to be 0 C3 falselincorrect then the appointment can be I C5 cancelled I Undoubtedly the qualification of respondent Z NO is higher than the qualification required by the 2 Lr bank As a matter of fact a condition has been imposed that the candidate should have passed the middle and not 1042 examination for the eligibility Z to the post of Peon In case respondent No4 was 00 having any grouse against the qualification mentioned awo Z ln the advertisement he should have challenged the samee However by concealing the fact that he had possessed the qualification of 1042 does not confer any a right to say that he being more qualified has rightly been selectedlappointed by the bank The judgments relied upon by the leamed counsel for the respondent No 4 are not applicable to the facts of the present case inasmuch as they say about the candidate possessing higher qualification than the Radhika 2014.05.08 14: 27 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 69 CWPNo9356 of 2010 7 e4 pescribedladvertised are eligible for appointment whereas the facts of the present case are entirely different than the facts mentioned ln the authorities relied upon by learned counsel for respondent No as lIl the present case respondent NoA has concealed the factum of possessing the qualification of 1042 and more SO he has furnished a wronglfalse 1 undertakin As a general rule suppressionl concealment of a material fact by a candidate 0 0 disqualifieshim from the appointment The case based I C5 on falsehood can be summarily thrown out at any stage I and therefore the power conferred to this Court Z under Article 226 of the Constitution cannot be t exercised for such type of relief I In case Daya Shankar Yadav ve Union of India 201111 SCT the Apex Court held that and others Z suppressionof material information or making false OO statenent shows a dubious conduct while making the AW Z declaration unsuitable for the post 0 In the present case respondent NoA has concealed the material infomation and furnished false declaration that he 1S possesslng only matriculation whereas 111 fact he is possessing qualification of 1042 Had the condition of not passing of 1042 been there many candidates who have passed 1042 would have applied and being more meritorious might Radhika 2014.05.08 14: 27 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 70 CWPNo9356 of 2010 8 higherside than the selected candidates hawe been on and as such those candidates have been debarred by from applying The Supreme the respondents even Court ln Narender Sinah Kundi V Hanrana Vidyut Niaam Ltde and others 2004 SCT 410 has particular qualification 1S held hat once a for appointment then it is to be made 1 consonance with the prescribed strictly ln and departing with the same would be a 0 0 pubic and depriving of the candidates fraud on the I C5 couldnot avail the opportunity because thereof who portion of the said junt 1S The relevant Z reproduced as under2 2 r Il It is settled proposition of law I that once a particular qualification 1S Z prescribed the appointment has to be made strictly ln accordance therewithe This m principle of law has been laid down by a J Z Fllll Bench of this Court in the case of Som Qm Dutt ve State of Haryana and another 1983 31 SLR 141 SSSandhawalia Chief Justice observes There appears to be wide variety of reasons for holding that the employer State should n law be entitled to prescribe the qualifications which it may think necessary as tailored to the Radhika 2014.05.08 14: 27 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 71 CWPNo9356 of 2010 9 5 1 peculiar needs of the particular post or S servlCe Generally it seems somewhat elementary that the employer alone would know what are the specialities and conditions of service or post for which the incumbent is required Therefore it would follow that its discretion in 1 seeking the right man for the right job r should be left relatively unfettered 0 0 Consequently no doctrinaire rule can be 1 I C5 laid down that a technically higher I education qualification 1S necessarily Z better or more advantageous for the 2 peculiar needs of a post for which the I employerState has prescribed lower L qualificationSe Z Once qualifications have been laid down m 4t by binding statutory provisions then 7 Z the concept of strict compliance therewith would entitle the State to lnsist that these be meticulously satisfied and extraneous considerations like qualifications other than those prescribed being either the exact equivalents or technically higher than 1 those would be irrelevant to the lSsue Radhika 2014.05.08 14: 27 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 72 CWPNo9356 of 2010 10 5 indeed may well be contrary to the and 1 statutory prescription An enquiry by the Court for determining as to whether a particular qualification lS an exact equivalent or 1S higher or superior to the prescribed one would open a Pandoras Box on which the lid m cannot easily be replaced Il The Supreme Court lrl the case of the 0 0 District Collector 6 Chairman Vizianagaram I t5 Social Welfare Residential School Societyl 1 I vizianagaramand anr V M Tripura Sundari Z Devi 199011 SLR 237 has held as underl Q It must further be realised by all I concerned that when an advertisement mentions a particular qualification and Z appOlntment 1S made in disregard the 00 same it is not a matter only between 7 Z the appolntlng authority and the appointee concerned The aggrieved are all those who had similar or even better qualifications than the appointee or appointees but who had not applied for the post because they did not possess the qualifications mentioned in the advertisement It amounts to a fraud on public to appoint person with inferior Radhika 2014.05.08 14: 27 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 73 CWPNo9356 of 2010 11 4 qualifications lIl such circumstances unless it is clear stated that the qualifications are relaxable No court should be a party to the perpetuation of the fraudulent practice We are afraid that the Tribunal lost sight of this fact Il 1 Othezwise also because of the condition of 0 not passing 1042 examination many candidates might 0 have not applied like respondent No and since I Ca9 respondentNo has concealed this fact from the bank I and because of that conduct he was selected to the Z said post This action of respondent No 4 reflects his conduct as intentional which was concealed I otherwise he could not have selected had this fact Z was 111 the knowledge of the bank authorities m Because of this condition the respondent Bank might em not have received so many applications of those Z candidates who had passed 1042 examination More SO the interview assessment sheets show that the marks awarded to the candidates do not relate with the naturef work assigned to the Peon The relevant portion of the interview assessment sheets of the selected candidates are reproduced as under 1 Name of the candidate Shiv Kumar Y Xxx XY Radhika 2014.05.08 14: 27 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 74 CWPNo9356 of 2010 12 50 e Intervlew score 1 Personality 49 Speech and delivery 48 II III Knowledge Usefulness from business point of 44 IV Vlew 191 63668 1 Name of the candidate Jasvinder singh 1 Xx XYr Xxx 0 13e Intervlew score 55 0 1 Personality 54 II Speech and delivery 53 I III Knowledge C5 IV Usefulness from business point of 56 I vlew 218 72668 Z 0 I Z 1 Name of the candidate Manga Ram Qo Xx XY3 Xxx e 13 Interview score 45 Z 1 Personality 46 m II Speech and delivery 47 III Knowledge IV Usefulness from business point of 42 Vlew 180 608 The columns No 13 of the aforesaid sheets show that the scores awarded to the candidates have no concern witH the work of the Peon and therefore the interview conducted by the bank is as good as if it had not been conducted Radhika 2014.05.08 14: 27 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 75 CWPNo9356 of 2010 13 1 In view of the aforesaid discussion the present petition 1S allowed The entire selection and appointment 1S quashed The respondent Bank is directed to make fresh advertisement by inviting applications nd as a consequence thereof selection and appointment be made in accordance tm November 182011 DAYA CHAUDHARYI KD JUDGE 0 0 I C5 I Z r I L0 Z m 7 Z r 1c1e P lb Ill 1e9 Radhika 2014.05.08 14: 27 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document