IMPORTANT POINT
Deciding qualifications for a job is prerogative of the employer; Court cannot substitute its views.

JUDGMENT :-

H.L. Gokhale, J.

Leave Granted.

2. This appeal raises the question with respect to the scope of judicial review in the matter of selections and appointments made by Public Authorities. A learned Single Judge of the Delhi High Court has found-fault with the process of selection of Security Assistants Grade-II, conducted, in the year 2009, by the Joint Recruitment Cell of the Parliament of India (Appellant No. 3), for the Rajya Sabha Secretariat and Lok Sabha Secretariat (Appellant Nos. 1 & 2). By his judgment and order dated 1.9.2011, rendered in Writ petition (C) 4835/2011 filed by the Respondents (unsuccessful candidates) he has directed the appellants to consider the claim of the Respondents for selection, by the process approved by him. The appeal therefrom, filed by the appellants herein, being LPA No. 839 of 2011 has been dismissed by a Division bench of that High Court by its judgment and order dated 29.11.2011, which has led to the present appeal by special leave.

Facts leading to this appeal:-

3. This appeal arises on the background of following facts. Sometime in the year 2009, Appellant No. 3 issued an advertisement bearing No. 04/2009, inviting applications for various posts such as those of Research Assistants, Junior Parliamentary Reporters, Stenographers, Translators, Security Assistants Grade-II, and Junior Clerks. In the present matter we are concerned with the posts of Security Assistants Grade- II. In this advertisement, 37 vacancies were advertised in the cadre of Security Assistants Grade-II, in the Lok Sabha Secretariat, and 19 vacancies in the Rajya Sabha Secretariat.

4. The scheme of the examination for these posts was also incorporated in the advertisement. The examination for the recruitment of Security Assistants Grade-II was to be conducted in four stages. They were as follows:-

(1) Preliminary Examination,

(2) Physical Measurement and Field Tests,

(3) Descriptive Type Written Papers,

(4) Personal Interview

The candidates were expected to be graduates in any discipline, provided they met the requisite physical requirements as per the Lok Sabha and Rajya Sabha Rules. As per the approved scheme of the examination, the recruitment of the candidates depended on their performance in each of the four stages. Each test was an elimination round for the subsequent test. The candidates were required to attain the prescribed standards, and to qualify in each of the stages. However, the marks secured by them in the third and fourth stage, viz. descriptive type written paper and personal interview, were to be considered for determining the inter-se seniority in the merit order for selection.

5. (i) The advertisement specified as ‘desirable’, certain additional qualifications, which were as follows:-

“Desirable: ‘C’ Certificate in NCC or sportsmen of distinction who have represented a State or the Country at the National or International level or who have represented a University in recognised inter-university tournament.

Note: In case of vacancies in Rajya Sabha Secretariat:

i) Certificate in computer course recognised by AICTE/DOEACC or courses equivalent to ‘O’ Level in terms of syllabus and duration of course as prescribed by DOEACC, is also a desirable qualification.

(AICTE- All India Council for Technical Education)

(DOEACC- Department of Electronics Accreditation of Computer Courses)”

(ii) The advertisement specifically stated that for these posts:

“Personal interview will carry 25 marks. Candidates will have to secure the minimum qualifying marks in the Personal Interview.”

(iii) Para XV of the advertisement laid down the cut off percentage of marks. This para reads as follows:-

“XV.CUT OFF PERCENTAGE OF MARKS: The minimum cut of percentages of marks in Written Test and Personal Interview in an examination is 50%, 45% and 40% for vacancies in GENERAL, OBC and SC/ST categories respectively. The above percentages are relaxable by 5% in case of physically handicapped persons of relevant disability and category for app