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2016 Supreme(AP) 8
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
P. NAVEEN RAO, J.
V. Ajay Kumar – Petitioners
Versus
Singareni Collieries Company Limited & Others – Respondents
Writ Petition No. 18838 of 2015
Decided On : 09-02-2016
Advocate Appeared:
For the Petitioner:G. Vidya Sagar, Senior Counsel for K. Udaya Advocate.
For the Respondents: R1 & R2, J. Sreenivasa Rao, Standing Counsel.
IMPORTANT POINT
In matters of prescription of qualification small window of judicial interference is available only if it found to be totally irrational and perverse.
Headnote:(A) Service Law—Appointment—Eligibility criteria—Whether it is permissible for employer to prescribe acquisition of particular qualification and in a particular mode—In matters of prescribing appropriate qualification and eligibility criteria, it is prerogative of employer to decide---Courts cannot mandate employer to prescribe particular qualification or particular eligibility criteria---In matters of prescription of qualification small window of judicial interference is available only if it found to be totally irrational and perverse---It cannot be said that correspondence course is same as course of study administered on campus---Prescription of such requirement cannot be said as irrational---If employer prefers a person who has pursued his professional course in regular mode to a person acquiring degree through correspondence mode, it cannot be said as illegal or arbitrary—What qualifications are required to be prescribed and how to make selections and recruitment are within exclusive domain of employer.
(B) Service Law—Appointment—Eligibility criteria—Prescription of age in open advertisement is sacrosanct to any recruitment notification—Unless this condition is fulfilled, candidates cannot be permitted to participate in recruitment—Insofar as direct recruitment is concerned, all candidates intending to compete stand on par and no distinction can be made based on their present status---Depending on Human Resources Policy of employer, he may permit his employee to compete in any open market recruitment, be it in same organization or in any other organization—What all is required by a serving employee is to seek permission of his employer to compete in direct recruitment—Respondent company permits serving employees to compete in direct recruitment—However, all persons, including serving employees are required to fulfill eligibility as prescribed in notification.
Result—Writ Petition dismissed.
1. Petitioners are employees of Singareni Collieries Company Limited (for short, “SCCL”). During the course of service petitioners obtained B.Tech., Degrees from the Jawaharlal Nehru Technological University of Hyderabad (JNTUH) through Correspondence-cum–Contact mode. Petitioners intend to compete to the post of Management Trainee (E&M) E2 Cadre. On the ground that the degree obtained by them is not through regular mode, their candidature is not considered. Hence, this writ petition. Petitioners pray to declare that the qualifications possessed by them are valid, that they are eligible to participate in the recruitment and to allow them to take examination for the post of Management Trainee (E&M).
2. By order dated 26.06.2015, this Court directed to issue hall tickets to petitioners to write the recruitment examination. However, their papers were directed not to be evaluated. Petitioners were accordingly permitted to write written examination. Praying to vacate the interim orders granted by this Court, SCCL filed vacate petition.
3. Heard Sri G.Vidyasagar, learned senior counsel appearing for petitioners and learned standing counsel for SCCL. With the consent of learned counsels for respective parties, the writ petition is finally disposed of by this order.
4. Employment notification No.1 of 2015 was issued to fill up the post of Management Trainee (E&M). The notification no.1 of 2015 deals with several categories of posts, including Management Trainee (E&M). To the post of Management Trainee (E&M), qualifications prescribed in the notification are, BE/B.Tech/AMIE or its equivalent qualification with at lease two years full-time Post in Electrical, Mechanical and Electrical & Electronics Engineering (Regular) with minimum 60% marks. The notification also stipulated maximum age of eligibility as 30 years as on 01.02.2015. As per the advertisement, the last date for submission of the applications Online was 25.02.2015. After successful submission of applications Online, the candidates are required to take print out of filled in Online application, sign the same and by enclosing copies of the certificates in proof of age, qualification, experience, marks memos, etc., should be sent to the General Manager, Recruitment Cell on or before 04.03.2015.
5. Petitioners herein who are employees of the respondent company intended to compete for the direct recruitment. Applications submitted by petitioners in pursuance to said notification was received, but they were not issued hall tickets. On enquiries, petitioners were informed that as they do not have regular degree, they were not called for written examination.
6. Learned senior counsel appearing for petitioners contended that after obtaining permission from the employer, petitioners have prosecuted the course of study leading to awarding of B.Tech Degree from JNTUH through Correspondence–cum-Contact Course mode. This course is administered by JNTUH, which is a recognized University and it is permissible for the University to administer courses through correspondence as per the curriculum. On a clarification sought by the A.P.Public Service Commission, the Principal Secretary to the Higher Education in his letter No.13065/EC/A2/ 2013, dated 27.01.2014 clarified that the B.Tech Degree offered by the JNTUH in the Correspondence-cum-Contact mode is treated as valid like any other B.Tech., day time degree offered by the Universities for the purpose of Education and employment, who got admitted till the year 2009. He submitted that the degree awarded to them has to be treated as regular degree and petitioners are eligible to compete to the post in issue. He, therefore, submitted that rejection of applications of the petitioners and not permitting them to sit for the written examination on the ground that the degree obtained by them was through Correspondence cum Contact mode, is ex facie
