IMPORTANT POINT
A criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification, than prescribed cannot be rational.

JUDGMENT

D.P. Wadhwa, J.-Leave granted.

2. Appellants are aggrieved by judgment dated December 1, 1997 of the Bombay High Court (Nagpur Bench) dismissing their writ petition filed under Article 226 of the Constitution wherein they had sought quashing of selection of peons in the Subordinate Judiciary as contrary to relevant rules for recruitment to Class III and IV services in Subordinate Judicial Serivce in the State of Maharashtra. Appellant were also aspirants for these posts.

3. Under the Recruitment Rules for recruitment to Class III and IV services in Subordinate Judicial Services procedure is prescribed for recruitment to the posts of various categories of officers in civil and criminal courts in a district. Recruitment is to be made by District Judge strictly in order of seniority from the list of candidates to be prepared as under :-

(a) In preparing the list the District Judge shall act upon the advice of a committee known as the Advisory Committee.

(b) Such list shall contain names of candidates for recruitment to the different categories referred to above in separate parts for each category.

(c) Subject to Rule 3 no candidate whose name is not on such list shall be employed in any of the above categories in any Civil or Criminal Court.

(d) The list prepared by the Advisory Committee shall be final.

3. Rule 2 provides for constitution of the Advisory Committee, which shall consist of District Judge as the chairman and other judicial officers, mentioned therein. Necessary educational and other qualifications, which would qualify a candidate for being enlisted in various posts, are prescribed by Rule 8. For Bailiffs and Peons these are as under:-

"Bailiffs :

(i) Not lower than a pass in the Regional Language Final Examination or in the examination of standard VII of a recognised School with Marathi as the medium of instruction.

(ii) Active habits and temperament.

Peons : Not lower than a pass in the Examination of Standard IV in the Regional Language."

4. There were 66 posts of peons in the District and Sessions Court, Nagpur. On advertisement being issued for filling up these posts as many as 14,965 applications were received. The Advisory Committee constituted under the Rules laid four criteria in short-listing all the applicants. The said criteria are as under :-

"(a) The incomplete applications namely not supported by certificates and testimonials regarding educational qualification, date of birth, caste certificate if belonging to backward class, should be rejected.

(b) The applications not accompanied with copies of certificates and testimonials attested by Gazatted Officer should be rejected.

(c) The applications of the candidates from backward community claiming reservation and concession of upper age limit not accompanied with caste certificate or attested copy of such certificate issued by the competent authority should be rejected.

(d) Applications of those candidates possessing minimum educational qualification of passing IVth vernacular standard and/or educated upto passing of VIIth Standard only should be considered for the interview to the posts of peons and those who have studied above VIIth vernacular standard may not take proper interest in the work of peons and, therefore, should not be called for interview,"

5. It is the fourth criterion, which is under challenge being arbitrary. Under the Rules for the post of a peon educational qualification prescribed is not lower than a pass in examination of Standard IV in the regional language. Out of the applications received the number of applicants falling in the category of having passed IV to VII Standards was 1340. The appellants did not fall in that category as they were having higher educational qualifications. Out of 1340 applicants, who fell in the category of those who passed