IMPORTANT POINT
The importance of challenging issues at the initial stage and the impact of misrepresentation on eligibility.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CM APPL. 3024/2024

1. Exemption allowed subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 677/2024 & CM APPL. 3023/2024 (Interim Relief)

3. This is a writ petition under Articles 226 and 227 of the Constitution of India inter alia seeking following reliefs:

"(a) Declare that the action of Respondent No.1 in reserving only 1 out of 32 posts for ST candidates for recruitment for the post of Senior Assistant (Electronics) against advertisement dated 14.12.2022 is unlawful;

(b) Declare that the refusal of the Respondents to consider Petitioner's candidature for the post of Senior Assistant (Electronics) is arbitrary and violates the fundamental rights of the Petitioner as guaranteed under Articles 14, 19 and 21 of the Constitution of India;

(c) Issue a writ of mandamus or any other appropriate writ order or direction commanding the Respondents to appoint the Petitioner at the post of Senior Assistant (Electronics) in Respondent No.1 Airports Authority of India against Advertisement dated 14.12.2022;..."

4. Ms. Pooja Dhar, learned counsel appearing for the petitioner challenges the impugned action and submits that insofar as the vacancies to the post of Senior Assistant (Electronics) of the respondent is concerned, the posts reserved for the ST category is indicated as `01', whereas according to the Constitutional Mandate, ought to have been `02' in accordance with the Rules and Regulations of the DoPT.

5. She submits that according to the circular dated 17.06.2021 as against the Senior Assistant (Electronics), 32 vacant posts were assessed, out of which the breakup was UR-26, SC-4 and ST-2. She submits that contrary to their own circular dated 17.06.2021, the advertisement bearing ADVT. No 01/2022/NR dated 14.12.2022 at page 87 of the present petition, though shows the total vacancies of Senior Assistant (Electronics) as 32, however, the seats reserved for the ST category is indicated as `01'.

6. Learned counsel submits that unilaterally, the Airport Authority of India, i.e., the respondent does not have any right, authority or jurisdiction to decrease the constitutional mandate of reservation to the ST category, particularly when in the previous circular assessing the vacancies showed as `02' reserved posts for the ST category. She submits that this is the seminal cause on which the present petition is based.

7. Subsequently, learned counsel also submits that the petitioner, who is a B. Tech degree holder having two years' experience in the relevant course, was refused consideration of her candidature. This was revealed only after a number of representations were made and finally after a response from the respondents was elicited by a query raised under the Right to Information Act, 2005, vide the reply dated 20.09.2023 which disclosed that the petitioner did not possess the required qualification/experience does not relate to the job requirement.

8. She submits that the petitioner had the requisite two years' experience as per the advertisement as also she is a B. Tech degree holder which is a higher qualification than the Diploma in Electronics. She submits that it is trite that a higher degree qualification would be sufficient for a post requiring a lower qualification and not vice versa.

9. She submits that having regard to both the above issues (i) that the reservation to the extent of one more post to the ST category, if given, coupled with the experience of two years and (ii) the B. Tech degree being the higher qualification, the petitioner would be well within the consideration zone and ought to be selected for the said post. She also submits that her name was in the provisional list, having cleared the written examination too. As such, she submits that there was no reason as to why the petitioner was not entitled to be considered for the post of Senior Assistant (Electronics).

10. Insofar as the issue of experience i