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2015 Supreme(Megh) 36

IN THE HIGH COURT OF MEGHALAYA
T. NANDAKUMAR SINGH, J.
Pooja Agarwal – Petitioner
Vs.
Union of India – Respondent
W.P. (C) No. 47 of 2015
Decided On : 26.03.2015

Advocates:
Advocate Appeared:
For the Petitioners: In Person.
For the Respondents: Mr. R. Deb Nath, CGC.

The appointing authority has the discretion to determine the eligibility criteria for a particular post, and the court's interference is limited to cases where the criteria have no nexus with the object to be achieved.

Headnote:

Article 14 - Violation of Rights - Advertisement No.CC/01/2015 dated 11.03.2015 - AIR 1990 SC 1072, (1992) 1 SCC 380, AIR 1993 SC 2285, AIR 1974 SC 1, AIR 1974 SC 1631

Fact of the Case:

The petitioners challenged the essential qualification for the post of Executive Trainee (Law) mentioned in an advertisement, citing violation of their rights guaranteed under Article 14 and 16 of the Constitution of India.

Finding of the Court:

The court held that the appointing authority has the discretion to decide the eligibility criteria for a particular post, and the writ court cannot interfere unless the criteria have no nexus with the object to be achieved.

Issues: Violation of rights under Article 14 and 16, eligibility criteria for the post of Executive Trainee (Law)

Ratio Decidendi: The appointing authority has the discretion to decide the eligibility criteria for a particular post, and the court's interference is limited to cases where the criteria have no nexus with the object to be achieved.

Final Decision: The writ petition was deemed devoid of merit and not entertained.

ORDER

1. By this writ petition, the petitioners are assailing the essential qualification for the post of Executive Trainee (Law) mentioned in the advertisement No.CC/01/2015 dated 11.03.2015 on the ground of violation the rights of the petitioners guaranteed under Article 14 of the Constitution of India i.e. Equality before law and equality of opportunity in matters of public employment under Article 16 of the Constitution of India. The relevant portions of the said advertisement indicating the eligibility criteria which are now impugning in the present writ petition are quoted hereunder:-

“(Advt. No. CC/01/2015 dated 11.03.2015)

Recruitment of Executive Trainee (Law) – 2015 through CLAT 2015

POWERGRID, the Central Transmission Utility (CTU) of India and a Navratna Public Sector Enterprise under the Ministry of Power, Govt. of India is engaged in power transmission business with the mandate for planning, co-ordination, supervision and control over complete inter-State transmission system and operation of National & Regional Power Grids. POWERGRID operates around 1,13,688 circuit kms of transmission lines along with 189 Sub-stations (as on 31.01.2015) and wheels about 50% of total power generated in the country through its transmission network. POWERGRID, with its strong in-house expertise in various facets of Transmission, Sub-Transmission, Distribution and Telecom sectors also offers consultancy services at National and International level. POWERGRID has been making profit since inception, having Gross turnover of Rs. 15,230 Crore and Net Profit of Rs. 4497 Crore (FY: 2013-14).

To take the growth curve to further heights, POWERGRID is looking for Bright, Committed and energetic LAW GRADUATES to join its fold as EXECUTIVE TRAINEE (LAW).

VACANCIES

Unreserved (UR) OBC (NCL) SC Total

5 4* 1 10

*Includes backlog vacancy

UPPER AGE LIMIT – 28 years as on 31.12.2014

ESSENTIAL QUALIFICATION – Three years full time LLB or Five years integrated law course with not less than 60% marks or equivalent CGPA as per the formula provided by the Institute/University.

Final Year/Semester students of academic session 2014-15, who expect their results by 14.08.2015 are also eligible to apply, provided they have obtained minimum 60% marks or equivalent CGPA in aggregate of all semesters/years up to pre-final examination.”

2. Heard the petitioners in person and also Mr. R Deb Nath, learned CGC appearing for the respondents.

3. The factual matrix of the petitioners’ case sufficient for deciding the matter in issue in the present writ petition is briefly recapitulated. All the petitioners are the students of North Eastern Hill University pursuing B.A. LL.B. (Hons.) five years integrated course and currently in the final semester. The respondent No.2 which is the Public Sector Undertaking and Govt. Owned Cooperation issued an advertisement being No. No.CC/01/2015 dated 11.03.2015 that there is a need for bright, committed and energetic law graduates to join its fold as Executive Trainee (Law). As stated above, the eligibility criteria for the said post mentioned in the said advertisement dated 11.03.2015 is that “final year/semester students of academic session 2014-2015, who expect their results by 14.08.2015 are also eligible to apply, provided they have obtained minimum 60% marks or equivalent CGPA in aggregate of all semesters/years up to pre-final examination”. Ms. Pooja strenuously contended that there is no justification for prescribing the minimum 60% aggregate marks for the candidates for the post of Executive Trainee (Law) inasmuch as for some other posts like officers in the Indian Army, the eligibility criteria is only 55% aggregate marks in LL.B. Degree (three years). Ms. Pooja has drawn the attention of this Court to the advertisement issued by the Indian Army for the Short Service Commission in the Indian Army for Judge Advocate General Department wherein the eligibility criteria was only 55% aggregate marks in LL.B. Degree (three years profess


















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