Union of India Vs. Yogendra Singh  INSC 304 (10 May 1994)
S.P. (J) Bharucha S.P. (J) Verma, Jagdish Saran (J)
1994 SCC Supl. (2) 226 JT 1994 (3) 642 1994 SCALE (2)898
Judgment of the Court was delivered by BHARUCHA, J.- Delay condoned.
respondent applied to the appellants' Railway Recruitment Board for the post of
Health Inspector pursuant to an employment notice dated 22-9-1990. The employment notice prescribed that the
educational qualifications for the said post were B.Sc. (Chemistry) plus
Diploma of Health Inspector from a recognised institute. The respondent was
called for a written test, in which he was successful. He was then called for
an interview. Before the interview was held it was discovered that the
respondent did not possess the aforementioned educational qualifications and he
was not interviewed.
respondent filed an application before the Central Administrative Tribunal,
Bombay, and contended that he held the Degree of B.A. and the + From the
Judgment and Order dated 28-9-1993 and 11-10- 1993 of the Central
Administrative Tribunal, Bombay in O.A. No. 681 of 1992 227 Diploma of Sanitary
Inspector and was eligible having regard to the educational qualifications prescribed
prior to 24-5- 1990, which qualifications were relevant for vacancies that
existed on the date of the amendment of the educational qualifications, namely,
24-5-1990. The application of the respondent
was allowed and the Tribunal ordered that the respondent should be interviewed
and, if found successful in the interview, should be offered appointment
against a reserved post, he being a Scheduled Caste candidate.
Learned counsel for the appellant contended that applications were invited on
22-9-1990 not only for vacancies that existed on 24-5-1990 but also for those
that arose subsequently and that, therefore, the Tribunal was in error in
holding that the respondent should be governed by the educational
qualifications required prior to 24-5-1990.
counsel for the respondent laid great emphasis on an office memorandum issued
by the Ministry of Home Affairs on 22-9-1964 on the subject of reservation of
vacancies for Scheduled Castes and Scheduled Tribes in the essential services.
In the context of insufficient number of suitable candidates eligible for
reserved vacancies, it stated that in any recruitment year the number of normal
reserved vacancies and carried forward reserved vacancies together should not
exceed 45% of the total number of vacancies. If there were only two vacancies,
one of them could be treated as a reserved vacancy but if there was only one it
should be treated as unreserved. Within any year of recruitment the condition
of eligibility, of age or otherwise, should remain the same even if recruitment
was made more than once in that year, i.e., a person who was eligible on 1st
January of a particular year should not be disqualified on the ground that he
was no longer eligible by the time the relevant vacancy (against which he could
be appointed) arose later in that year. In the submission of learned counsel
this meant that the educational qualifications prescribed prior to 24-5-1990 were the relevant educational qualifications to be
considered for the recruitment of the respondent. The respondent had those
educational qualifications so that he had been wrongly excluded. Learned
counsel for the respondent also referred to employment notices said to have
been issued by the Railway Recruitment Board at other centers subsequent to 24-5-1990 where the educational qualifications were prescribed
as Matriculation or equivalent or Diploma of Sanitary Inspector.
the time the applications were invited for the posts in question the
educational qualifications, already prescribed on 24-5-1990, were B.Sc. (Chemistry) plus Diploma of Health Inspector
from a recognised institute. The employment notice set out these to be the
educational qualifications. The respondent did not possess these educational
qualifications. No candidate who does not possess the currently prescribed
qualifications, but who may possess the educational qualifications prescribed
earlier, can be said to qualify or have any vested right to appointment even
against some earlier unfilled vacancy.
candidate who aspires to fill any vacancy must possess the educational
qualifications that are then prescribed.
office memorandum of the Ministry of Home Affairs on the subject of reservation
of vacancies-for Scheduled Castes and Scheduled Tribes in the Central services
has no application to the requirement of educational qualifications. It only
applies to eligibility for the purpose of carrying forward of reserved
having regard to the admitted position that the educational qualifications that
were prescribed on 24-5-1990 were B.Sc. 228 (Chemistry) plus
Diploma of Health Inspector of a recognised institute and this was specifically
mentioned in the employment notice, the circulars inviting applications at
other centres have no relevance.
this view of the matter, the appeal is allowed and the application of the
respondent before the Central Administrative Tribunal is dismissed.
There shall be no order as to costs.