Supreme Court: Public jobs must go to eligible candidates per qualifications

New Delhi: Observing that public employment must be made available to eligible candidates in accordance with the prescribed qualifications, the Supreme Court has held that allowing a person with higher qualifications to secure a job intended for those with lower qualifications deprives a genuinely eligible and deserving candidate.

A bench of Justices Ahsanuddin Amanullah and R Mahadevan made the observation while setting aside a Madras High Court order that had reinstated a temporary bank attendant.

The top court said the high court had overlooked that the employee had secured an appointment to a post earmarked exclusively for candidates with qualifications up to Class 10 by concealing the fact that he was a graduate.

"Public employment must be made available to all eligible candidates in accordance with the prescribed qualifications....

"When the post was specifically intended for candidates possessing lower educational qualifications, permitting a person with higher qualifications to secure such employment would necessarily result in depriving a genuinely eligible and deserving candidate of the opportunity," the bench said.

The top court said the rationale behind prescribing an upper limit of qualification is both reasonable and equitable, namely, to provide employment opportunities to persons who, owing to circumstances of life, could not pursue higher education.

"The State, as a model employer, is justified in reserving certain categories of posts for such persons so that they are not compelled to compete with more highly-qualified candidates against whom they would ordinarily stand little chance of selection. Such a policy has consistently been upheld by the courts," the bench said while upholding the bank's decision to dismiss the employee.