IMPORTANT POINTS
Change of required qualification after selection process was over cannot enure to benefit of candidates participating in that section process.
Court cannot substitute the qualification in the recruitment notification with the qualification subsequently modified by authorities, with retrospective effect.

JUDGMENT :

A.S. Bopanna,J.

Leave granted.

2. In the civil appeal arising out of SLP(C) No.16567/2016 the appellant-Bank of India is before this Court assailing the order dated 24.05.2016 passed in W.A.No.313/2016. The said appeal before the High Court of Kerala at Ernakulam was filed against the order passed in WP(C) No.39083/2015 whereby the learned Single Judge of that High Court had allowed the writ petition by an order dated 20.01.2016. In the appeal arising out of SLP(C) No.24764/2016 the appellant-Syndicate Bank Ltd. is assailing the order dated 24.05.2016 passed in Writ Appeal No.404/2016, whereby the Division Bench of the High Court of Kerala had upheld the order passed by the learned Single Judge in WP(C)No.17403/2015 dated 20.12.2016.

3. Though in these two appeals the parties are different, keeping in view the question arising for consideration is the same in both these appeals and since the High Court has disposed of the appeals through the common order, these two appeals are taken up, heard together and disposed of by this common order. For the purpose of narration of facts, the case as pleaded in SLP(C) No.16567/2016 is taken note. In respect of the recruitment to be made in the Banking Sector the respondent No.2 herein, an institute of Indian Banking Personnel Selection (“IBPS” for short) undertakes the process of recruitment by issue of appropriate Notification in that regard.

4. In the instant fact situation, the Notification dated 17.11.2014 was issued calling for applications from interested candidates for the different posts that were advertised therein. The consideration herein relates to the recruitment for the post of Agricultural Field Officer (Scale-1). The private respondents in both these appeals are applicants for the said post. The process of selection was undertaken and the private respondents in both these appeals were provisionally selected, subject to verification of their documents and were accordingly allotted by the IBPS to the respective appellant Banks herein. However, the selection of both the private respondents was cancelled on the ground that the private respondents herein did not possess the qualification prescribed in the notification for appointment. It is in that regard the private respondents claiming to be aggrieved by such action were before the learned Single Judge of the Kerala High Court assailing the termination orders in the respective writ petitions as taken note above.

5. The learned Single Judge on taking note that though the requirement in the Notification was of graduates possessing Decree in “Agro-Forestry” had taken into consideration that the private respondents herein had secured the 4-year Degree in “Forestry” and held the same to be sufficient. In that regard the learned Single Judge had taken note that there is no 4-year Degree Programme being offered in this country for “Agro-Forestry” and in that background on referring to the information furnished by the Indian Council of Agricultural Research (“ICAR” for short) which had been relied upon by the private respondents herein, had taken into consideration that as per the said institution, the definition of Agriculture included “Forestry”. In that background finding the same to be an appropriate qualification had favourably considered the case of the private respondents herein. That apart it was also taken note that the Ministry of Agriculture and Farmers Welfare as also the Ministry of Finance have subsequently taken note of the error that there is no 4year Course in “Agro-Forestry” in the country and that “Agro-Forestry” is covered comprehensively as the subject in ICAR approved syllabus for B.Sc. in “Forestry” and that it can be considered as the qualification for the post of Agricultural Field Officer in Banks. In that background, taking into consideration all these aspects of the matter the termination orders issued to the private respondents in withdrawing the offer of appointment were set aside and the appellants