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K. VINOD CHANDRAN, HARISH KUMAR
Golden Kumar – Appellant
Versus
State of Bihar – Respondent
K. Vinod Chandran, CJ. – The interplay of executive instructions issued by the Central Government, based on recommendations of an academic body and the rules framed by the State Government under Article 309 of the Constitution of India, in regulation of the selection, appointment and terms of employment in a cadre in the service of the Government, is the issue arising in the above cases. The cadre is that of the ‘Industrial Training Instructors’ within the State of Bihar, regulated, earlier by the Rules framed in 2013, which were repealed and the Rules of 2018 came into force. An advertisement for selection and appointment published in the year 2016, under the Rules of 2013 was not proceeded with.
2. Another advertisement for selection of Industrial Trade Instructors was then published in the year 2023, under the Rules of 2018. In the interregnum, there were appointments made on contract and as Short Term/Guest Lecturers. The advertisement of 2023 intended the selection to be conducted as per the Rules of 2018, by (i) a written examination, (ii) the marks obtained in the Graduate/Diploma in Engineering or the ITI trade Certificate Exams, (iii) giving preference to the qualification
Statutory recruitment rules under Article 309 of the Constitution prevail over executive instructions, allowing states to set qualifications independently.
The amendment to recruitment rules for vocational instructors is valid and consistent with central guidelines, asserting state competence to legislate on education within constitutional limits.
Point of Law : Appointment has to be made strictly as per terms of the advertisement and in case, the candidates who did not possess the qualification as mentioned in the advertisement were permitted....
The court affirmed the validity of prescribed qualifications for recruitment, emphasizing legislative authority and restricted judicial review in educational matters.
Point of law: A criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification than prescribed cannot be rationa....
The impugned advertisement is legal, fair and in consonance with the 2021 Rules. The Petitioners cannot be granted any relief by way of a Writ and the present Writ Petitions are liable to be dismisse....
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