23.wp.3191-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3191 OF 2009 Rajpal Ranjeetsing Chohan and another. ..Petitioners. Versus The State of Maharashtra and another. ..Respondents. ... Mr.V.D. Patnoorkar, Advocate for the petitioners. Mr.V.S. Masurkar, Govt. Pleader for the respondents. ... CORAM : BILAL NAZKI AND SMT. V.K.TAHILRAMANI,JJ. DATE : 26th JUNE, 2009. P.C. :- 1. Applications were invited for the post of Assistant Inspector Motor Vehicle. The petitioners also applied. They were not able to get selected. Therefore, they approached the Tribunal. The only contention raised before the Tribunal was that the basic qualification prescribed for the post of Inspector was a 3 year diploma in Automobile Engineering or Mechanical Engineering. The respondents considered candidates with higher qualifications and as a result the petitioners who had a diploma were axed out. This argument was not accepted by the Tribunal and the Original Applications were dismissed. Therefore, this writ petition has been filed. 2. We have heard the learned Counsel for the petitioners as well as the respondents. Same contentions are repeated in this Court and the learned 23.wp.3191-09 2 Counsel for the petitioners submit that if the people with higher qualifications are appointed then the candidates with diploma would never get a job. Reliance is placed on the judgment of the Supreme Court in a case of Dilip Kumar Ghosh & Ors. Vs. Chairman & Ors. Reported in 2005 S.C.C. (L & S) 986. We do not consider that the person with a qualification higher than the requisite qualification can be rejected on the ground that he is over-qualified. The whole purpose of going to open market for recruitment of employees is to get the best available and generally it can be presumed that the person who has a degree would be better than the person who has a diploma. As per the advertisement the respondents wanted a person who has minimum qualification of diploma in Automobile or Mechanical Engineering. What the Supreme Court was dealing with in Dilip Kumar Ghosh case (supra), was appointment of teachers to the primary school. These teachers required to have the qualification of JBT/PTTC and the candidates with B.Ed. which was a higher qualification was not considered. The Supreme Court found that JBT/PTTC was a special qualification which was required for teaching the primary school children. In this view of the matter, we do not find merit in the Petition which is accordingly dismissed. [BILAL NAZKI,J.] [SMT.V.K.TAHILRAMANI,J.]