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1994 Supreme(Cal) 235
High Court Of Calcutta
Samaresh Banerjee
GOPAL CHANDRA PAL AND ORS., ETC - Appellant
Versus
STATE OF WEST BENGAL - Respondent
C. O. 783 (W) Of 1990
Decided On : 08/04/1994
L.C.BEHANI, RABINDRA NATH DAS, S.C.Ukil, Sadhan Roy Choudhury
Classification on the basis of educational qualification is permissible and valid if it is based on a reasonable basis and has a nexus with the object sought to be achieved.
Headnote:
CLASSIFICATION ON EDUCATIONAL QUALIFICATION - PERMISSIBLE - REASONABLE NEXUS - VALID CLASSIFICATION - NO VIOLATION OF ARTICLES 14 AND 16 OF THE CONSTITUTION.
Fact of the Case:
The petitioners were appointed as extra Muharrirs and Copyists in the office of the Inspector General of Registration, West Bengal and the Registrar of Assurances, Calcutta, respectively. Subsequently, they were promoted to the post of Muharrirs and Copyists. The petitioners challenged the impugned administrative orders which sought to bring about an artificial classification of School Final and non-School Final Muharrirs for the purpose of conversion of the posts of Muharrirs into Lower Division Clerk in the said office of Inspector General of Registration. The petitioners contended that the impugned orders were arbitrary, mala fide, discriminatory, and violative of Articles 14 and 16 of the Constitution.
Finding of the Court:
The Court held that the impugned classification on the basis of educational qualification was permissible and valid. The Court further held that the classification was not arbitrary or unreasonable and that there was a reasonable nexus between the classification and the purpose which it sought to achieve. The Court also held that the impugned orders did not violate Articles 14 and 16 of the Constitution.
Issues: 1. Whether the impugned classification on the basis of educational qualification was permissible and valid? 2. Whether the classification was arbitrary or unreasonable? 3. Whether there was a reasonable nexus between the classification and the purpose which it sought to achieve? 4. Whether the impugned orders violated Articles 14 and 16 of the Constitution?
Ratio Decidendi: 1. The classification on the basis of educational qualification was permissible and valid as it was based on a reasonable basis and had a nexus with the object sought to be achieved. 2. The classification was not arbitrary or unreasonable as it was made to bring about uniformity in the matter of recruitment in all Government departments and also for efficiency of administration. 3. There was a reasonable nexus between the classification and the purpose which it sought to achieve as the classification was made to improve the standard of work and to cope with the ever changing circumstances. 4. The impugned orders did not violate Articles 14 and 16 of the Constitution as the classification was not arbitrary or unreasonable and there was a reasonable nexus between the classification and the purpose which it sought to achieve.
Final Decision: The writ applications were dismissed.
( 1 ) IN C. O. No. 13545 (W) of 1989 Memo No. 2987-Regn. dated December 13, 1989 Memo No. 2989-Regn. dated December 13, 1989 and Memo No. 2991- Regn. dated December 13, 1989 issued by the Secretary, Judicial Department, are challenged by 8 writ petitioners, some of whom are Muharrir in the office of Behala Additional District Sub- Registration, Alipore and some are Copyists in the office of Calcutta Assurances.
( 2 ) THE case as made out in the writ petition is inter alia as follows : the writ petitioner Nos. 1 to 5 and 8 were appointed as extra Muharrirs under the District Registrar, 24 Parganas, from which post the said petitioners Nos. 1 to 5 and 8 were promoted to the post of L. R. Act Muharrirs and thereafter to the post of Muharrirs. The said writ petitioners are still working in the post of Muharrirs under the District Registrar, 24 Parganas (South ). The writ petitioners Nos. 6 and 7 were appointed initially as extra Copyists and thereafter they were promoted to the post of Copyist since when the writ petitioners Nos. 6 and 7 have been working in the said post under the Registrar of Assurances, Calcutta.
( 3 ) IN the matter of appointment in the post of extra Muharrirs and/or Copyists there was no qualification bar and/or criterion, namely there was no question of passing the School Final and/or Matriculation Examination as a condition precedent for such appointment.
( 4 ) THE promotional channel from the said post of extra Muharrirs was as follows : from the extra Muharrirs to L. R. Act Muharrirs, from L. R. Act Muharrirs to Muharrirs, from Muharrirs to Lower Division Clerk and thence to Upper Division Clerk and to the post of Head clerk.
( 5 ) SINCE there was no such bar of educational qualification in the matter of appointment vis-avis promotion as indicated above, the extra Muharrirs appointed in the office of the Inspector General of Registration were promoted from the post of extra Muharrirs to Muharrirs and thence to the Lower Division Clerk and then from Lower Division Clerk to Upper Division Clerk and to the post of Head Clerk. There being no qualification bar in regard to appointment and promotion, 7 non-Matriculate and non-School Final Muharrirs were promoted up to the stage of Head Clerk, and 5 persons were also promoted to the post of Upper Division Clerk, who are also non-Matric and non-School Final in between 1986 and 1989.
( 6 ) THE writ petitioners and the aforesaid staff thus being similarly circumstanced in the matter of their appointment in the post of extra Muharrirs there cannot be any reason to discriminate amongst the said staff so as to deprive the petitioners of their promotional opportunities to the post of Lower Division Clerk, then Upper Division Clerk and thence to the Head Clerk in the office of the Inspector General of Registration.
( 7 ) THE School Final and the Matriculate Muharrirs were not in any manner distinguished from the non-School Final and non- Matriculate Muharrirs and the fact that they were for all practical purposes treated at par will be evident from the fact that for both the said two categories of Muharrirs a single combined gradation list was maintained on the basis of their respective dates of entry into service as Muharrirs vide Inspector General of Registration's Memo N6. 9192 (19) dated October 21, 1970.
( 8 ) IN terms of Memo No. 903-Regn. dated May 8, 1978 being Annexure 'd' to the writ petition all the existing extra Muharrirs including the writ petitioners were absorbed in the post of Muharrirs and in this way the said extra Muharrirs were brought under the regular salary-establishment of the Inspector General of Registration, West Bengal. By reason of such regularisation and/or absorption, all the Muharrirs both School Final pass and non- School Final candidates were brought at par for all purposes. Hence, there cannot be any artificial and ad hoc classification brought about on the basis of alleged educational qualification so as
