Vijay Bala Bhanot
& ANR. Vs. Govt. of N.C.T. Delhi & ANR.  INSC 1291 (3 August
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2367 OF 2002 VIJAY BALA
BHANOT & ANR. ... APPELLANTS VERSUS WITH C.A. NO.3576/2002
appellants, who were working as Lab Technicians, were promoted as Technical
Assistants by relaxing the educational qualifications prescribed for the post
on 27.11.1998. That was challenged by the second responded-Association before
the Central Administrative Tribunal. The Administrative Tribunal by order dated
4.11.1999 allowed the application and set aside the promotion of the appellants
herein. The writ petitions filed by the appellants challenging the order of the
Administrative Tribunal have been rejected. Feeling aggrieved the appellants
have filed these appeals by special leave contending that the requirement
relating to educational qualifications having been relaxed by the competent
authority, there was no infirmity in their promotion.
recruitment rules prescribed the following qualifications for the post of
Technical Assistants :
2 'B.Sc (Medical
Lab. Technician) with 3 years experience as a Lab Technician in any group of
these laboratories of Medical Institution/ Hospital.
OR 1. Matriculation/
Hr.Secondary/ Sr.Secondary with Science.
2. Diploma in Medical
Lab. Technology from a recognised Institution.
3. Three years
experience as a Lab Technician in any group of these Laboratories of Medical
is not disputed that the appellants do not fulfill the said requirements.
In the case of
appellants in Civil Appeal No.2367 of 2002, they did not pass matriculation or
Higher Secondary or Senior Secondary with Science as a subject. In so far as
the appellants in Civil Appeal No.3576 of 2002 are concerned, they did not
possess a Diploma in Medical Lab. Technology from a recognised Institution.
Government of N.C.T., Delhi has stated that it took a decision to extend
relaxation to the appellants to provide career progression as they were
experienced employees. The explanation for relaxation was that the appellants
had already rendered sufficient length of service and therefore the short
comings in their qualifications became immaterial.
the crucial question is whether there was power to relax the qualifications.
Note:4 under the Recruitment Rules providing for relaxation reads thus:
Administrator is of the opinion that it is necessary or expedient so to do, he
may, by order for reasons to be recorded in writing relax any of the provisions
of the rules with respect to a class or category of persons/posts".
3 A careful reading
of the Note:4 shows that relaxation of the rules can be only with respect to a
class or category of persons/posts and not in regard to individuals. In this
case, the relaxation was not with respect of a class or category of persons or
posts, but with reference to individuals. The High Court has also noticed that
several qualified candidates were available and the power of relaxation in the
rules cannot be permitted to be used to ignore the legitimate claims of the
therefore find no reason to interfere with the order of the Administrative
Tribunal confirmed by the High Court. The appeals are dismissed.
We however make it
clear that no recovery shall be made in regard to the period during which the
appellants worked in the higher post of Technical Assistants.
counsel for appellants submitted that some of the appellants have retired and
others are approaching age of superannuation. He submits that any reversion
after ten years of service in the higher post will cause them hardship. He
therefore submitted that the appellants may be permitted to submit
representations for protection, by treating their service in the higher post as
being in ex-cadre supernumerary posts. All that we can say is that the
dismissal of these appeals will not come in the way of giving any
representation. But such permission to give representation shall not be construed
as recognising or conferring any right for relief.
( R.V. RAVEENDRAN )
( DR. MUKUNDAKAM SHARMA )
DELHI, SEPTEMBER 03, 2008.
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