The court upheld the authority's discretion to set qualifications for employment, emphasizing the validity of certificates issued by recognized universities.

ORDER :

1. Civil Appeal Nos. 7646/2012, 7647/2012, 7655/2012, 7648-7653/2012 and 7656 of 2012 are directed against the judgment and order dated 20th January, 2010, 6th October, 2009; 15th February, 2010; 6th October & 7th October, 2009, and 11th May, 2010, respectively, passed by a Division Bench of the High Court of Madhya Pradesh. By the judgment and order, impugned in the said appeals, dismissal of the writ petitions presented by all the appellants by the learned Single Judge, by orders of varying dates, were upheld.

2. While dismissing the writ appeals, as aforesaid, the Division Bench placed reliance on an earlier judgment and order of the Division Bench of the same High Court dated 5th October, 2009, passed in a batch of writ petitions with Writ Petition No. 8419 of 2009 being the lead petition. The said judgment and order dated 5th October, 2009 forms the subject matter of challenge in Civil Appeal No. 7654 of 2012.

3. These appeals involve a short question of law as to whether by the impugned circular dated 27th July 2009¹[Circular], the Commissioner, Land Records and Settlement, Madhya Pradesh altered any of the qualifications required for appointment on the post of Patwari mid-way during the process of selection. Obviously, therefore, the fate of all the appeals would depend on whether the judgment and order dated 5th October, 2009 deserves acceptance by this Court or not. If accepted, all these civil appeals would fail while non-acceptance would result in allowing the claims of the appellants.

4. An advertisement was issued on 5th June, 2008 inviting applications for appointment of Patwaris on 2194 vacant posts. Among other qualifications, clause 1.8 required the aspirants to fulfil the following qualification:

“1.8 Educational Qualification:

Candidate must have passed Higher Secondary or High School (10+2) Examination and must also possess ‘O’ level certification from DOEACC/IETE or 1 year Diploma in Computer Application (DCA) from an institute affiliated/registered/ recognized by a University which should have been recognized by University Grants Commission (UGC), or Higher Education in computer.”

(emphasis supplied)

5. It is not in dispute that the appellants had participated in the selection process and acquitted themselves creditably. Their names figured in the merit list too. However, prior to verification of their testimonials/certificates (which was an exercise required to be completed in terms of the advertisement itself), the Commissioner issued the Circular. It was laid down therein inter alia as follows:

“3. DCA Certificates which were sent by some collectors were sent to concerned University for the authenticity. It was informed by the Universities that if any institute is recognized/affiliated/registered with the University then also they don’t have the right to issue any Certificate. If any institution has issued the DCA Certificate under their seal and signatures then such certificates are not valid. Similarly DOEACC Society has also informed that only such ‘O’ Level Computer certificates are valid which have been issued by DOEACC Society Delhi. Certificates issued by institute which is affiliated to DOEACC is not valid.

4. Therefore it directed that only those candidates who have the Certificates issued by University duly signed and stamped (sic). DCA Certificates issued under the seal and signature of any recognized/affiliated/registered institute of University should not be accepted. Similarly if any institute is affiliated to DOEACC only those Computer ‘O’ Level Certificates are valid which have been issued by DOEACC Society Delhi under its seal and signatures. Certificates issued by affiliated institutes are not valid.

5. DCA Certificates in respect of candidates which have been examined should be re-examined in the light of above instructions.”

(emphasis supplied)

6. It is not in dispute that the appellants’ claims of being qualified for the post of Patwari stem from awarding of Diploma in Computer Applic