1982 Supreme(MP) 26

G.P. Singh, C.J. and K. K. Dube, J.
Jageshwar v. State of M. P.
M. P. No. 501 of 1980 (J); Decided on 13-1-1982.

Headnote:Civil Services -- Irrigation Department (Non Gazetted) Service Recruitment Rules, 1959 - Schedule -- minimum qualification for appointment prescribed under -- cannot be charged by circular -- rules are statutory ill nature.

        The petitioner was appointed as Lower Division Clerk in the Irrigation Department temporarily by order dated 21st February 1980. The petitioners appointment was made after written test and interview. By order dated 8th August 1980, the petitioners services were terminated on the ground that he did not possess the minimum qualification as required by the State Governments circular dated 14th December 1972. It is this order which the petitioner challenges by this petition under Article 226 of the Constitution.

        Held: The petitioner passed High School Examination in 1976 from Uttar Pradesh Board which is equivalent to Matriculation Examination. The recruitment of Lower Division Clerk in Irrigation Department is governed by the M, P. Irrigation Department (Non-Gazetted) Service Recruitment Rules, 1959 the minimum qualification required for a Lower Division Clerk is Matriculato or equivalent examination. The petitioner admittedly fulfilled this qualification. It appears that by circular dated 14th December 1972 (Annexure C) it Was stated that the: minimum qualification for the post of a Lower Division Clerk will be Higher Secondary Examination. In the advertisement also the !lame qualification was mentioned (see Annexure R-1). In our opinion, however, when the minimum qualification was that by a statuary rule, the same could not be changed by a circular which had not the effect of a statutory rule. It ·is not necessary for us to decide whether in spite of the fact that a minimum qualification is prescribed by a statutory rule, the Government cannot insist for a higher qualification in the advertisement. The fact remains that the petitioner was selected and appointed as Lower Division Clerk. Thereafter the petitioners services could not be terminated on the ground that he did not possess the minimum qualification when be did possess the minimum qualification as required by the statutory rules. Petition allowed.