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J. K. MAHESHWARI, ATUL S. CHANDURKAR
Himakshi – Appellant
Versus
Rahul Verma – Respondent
Key Points: - The essential qualification of five years’ work experience is mandatory; higher qualifications cannot substitute it unless relaxation is properly exercised with reasons recorded in writing. (!) (!) (!) - Preference for an M.Tech may be given only within the zone of eligibility and merit, not to extend eligibility or override essential qualifications. (!) (!) (!) - There is a requirement of conscious, reasoned, written justification for any relaxation under Rule 18; mere existence of relaxation power cannot substitute for proper record. (!) (!) (!) (!) - If the selection process is flawed and lacks recorded relaxation where needed, the appropriate course is to set aside the selection rather than direct appointment of a particular candidate. (!) (!) (!) (!) - The Court upheld setting aside the selection and appointment of the appellant for lack of adherence to essential qualifications and relaxation procedure, while keeping open the possibility of a fresh advertisement strictly in accordance with R&P Rules. (!)
| Table of Content |
|---|
| 1. recruitment process and qualifications requirements. (Para 1 , 2 , 3 , 5 , 6 , 8) |
| 2. challenge to selection based on qualifications. (Para 4 , 7 , 10 , 12 , 14) |
| 3. nature of qualifications and power of relaxation. (Para 19 , 22 , 23 , 29 , 30) |
| 4. distinction between essential and preferential qualifications. (Para 24 , 25 , 26 , 27 , 28 , 35) |
| 5. overall ruling on inducement and future actions by the board. (Para 39 , 40 , 41 , 42 , 58 , 59) |
JUDGMENT :
J.K. MAHESHWARI, J.
1. The present appeals relate to recruitment to the post of Computer Hardware Engineer by respondent no. 2 – Himachal Pradesh Board of School Education (hereinafter “the Board”). The controversy centres around the prescribed qualifications for appointment to the said post, particularly the requirement of prior work experience and the preference, if any, to a higher qualification, such as a Master’s degree.
2. These appeals emanate from the common impugned judgement dated 23.04.2021 (hereinafter “Impugned Judgement”) passed by the Division Bench of the High Court of Himachal Pradesh at Shimla (hereinafter “High Court”), whereby the judgement of the Single Judge of the High Court was set aside. The Divisio
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Article 14 is an integral part of our system, each and every State action is to be tested on touchstone of equality.
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