The judgment emphasizes the autonomy of employers in prescribing eligibility qualifications and the limited role of the courts in determining the equivalence of qualifications for employment.

JUDGMENT

Jyoti Singh, J. (Oral)

1. Present writ petition has been filed by the Petitioner seeking the following reliefs:

"(a) Issue direction to the respondents to appoint the petitioner as Safai Karamchari-cum- Sepoy in the office of Respondent No. 1 Bank, in the interest of justice, with immediate effect;

(b) Pass any other and further order as this Hon'ble Court as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case;"

2. The factual matrix of the present writ petition is that Petitioner while working in the office of Respondent No. 1 as a casual worker applied for the post of Safai Karaimchari-cum-Sepoy when the same was advertised. Petitioner was successful in the written examination as well as the interview and it is the case of the Petitioner that he was asked by the Chief Manager of Respondent No. 1 to produce all certificates pertaining to his education, date of birth, caste certificate on 05.11.2018 along with four passport size photographs.

3. Petitioner states that he produced all the requisite documents and was thereafter called for medical examination, however, the Petitioner was not given an Appointment Letter, despite clearing the medical examination, which compelled the Petitioner to issue a legal notice on 22.10.2019, seeking appointment. In response to the notice, Petitioner received a reply dated 13.11.2019, wherein it was stated by the Respondents that the qualification required for appointment to the post of Safai Karaimchari-cum-Sepoy was matriculate, whereas the Petitioner had applied on the basis of Prathama Pariksha Certificate, claiming to be equivalent to matriculate, issued by Hindi Sahitya Sammelan, Allahabad and that the Bank had sought clarification on the equivalence from the Ministry of Human Resources Development ('MHRD'), Department of Secondary and Higher Education and as and when the clarification is received, Petitioner shall be informed. However, there was no response from the Respondents and the Petitioner has now approached this Court for redressal of his grievance.

4. Learned counsel appearing on behalf of the Petitioner submits that the Petitioner has duly qualified the written examination followed by an interview and the medical test and at this stage, it is not open to the Respondents to question his eligibility and the equivalence of the Prathama Pariksha Certificate with a matriculation certificate. It is also argued that Petitioner passed the requisite examination of Hindi Sahitya Sammelan, Allahabad in 2009, when it was considered equivalent to a matriculation examination, as per the Notification dated 26.07.2001 issued by MHRD. This Notification was further extended for a period of three year upto 27.07.2007 and finally upto 27.10.2010. It was only on 06.12.2012 that the Notification was withdrawn and therefore, at the relevant time when the Petitioner had passed the examination, the Notification was in operation and the Respondents are therefore, bound to treat the certificate furnished by the Petitioner as equivalent to a matriculation certificate. In support of the proposition learned counsel for the Petitioner places reliance on a judgment of the Co-ordinate Bench of this Court in Yudhvir Singh v. Indian Oil Corporation Limited, 2013 SCC OnLine Del 2548.

5. Learned counsel appearing on behalf of the Respondents, per contra, submits that the Notification dated 26.07.2001 on which reliance is placed by Petitioner was issued by the Central Government which was applicable only for filing up the posts under the Central Government and cannot ipso facto apply to the Banks. In any case, this issue is no longer res integra and stands decided by the Division Bench of this Court in Oriental Bank of Commerce v. Subash Chand, 2013 SCC OnLine Del 1574.

6. I have heard the learned counsels for the parties and examined their contentions.

7. It is an undisputed position that Petitioner passed the examination of Hindi Sahitya Sammelan, Allahabad in