TMI Blog1992 (12) TMI 227X X X X Extracts X X X X X X X X Extracts X X X X ..... lotted higher ranks on the basis of merits in comparison to the respondents. Writ Petition filed by some of the candidates was rejected by the High Court on the ground of laches and also for the reason that the selection had to be broad based, A similar petition was filed by the present respondents and it was dismissed by the learned Single Judge which was reversed by the impugned judgment. 3. The question which arises in the present appeal is whether or not candidates who were fully qualified to be appointed as Junior Engineers on the dates of interview, but whose results had not been declared on the dates of submission of their applications were entitled to be considered for appointment to the post of Junior Engineer. If the answer is in the affirmative, the appellants who had become qualified on the dates of interview and had admittedly acquired higher marks in the interview were rightly appointed as Junior Engineers on the basis of their merits and were rightly promoted to the post of Assistant Engineer by reason of seniority in preference to the respondents who were also appointed as Junior Engineers and subsequently promoted, but placed junior to the appellants. 4. Adve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E. (Civil) examination results had been declared on 21.8.1982. The interviews were held on 24.8 1982 and subsequent dates. It cannot also be gainsaid that on 15.7.1982 which was the last date for submission of applications, the B.E. (Civil) examination result in respect of the appellants had not been declared, although they were awaiting their results of the examination conducted earlier. The advertisement notice No. 2 of 1982 dated 9.6.1982 specifically stated: ...The applicants should not be more than 30 years and not less than 18 years of age on the 1st January, 1982 and should possess the qualification as noted against each post.. Attested copies of the following certificates (original to be produced at the time of interview before the State Rectt. Board) should be attached with the application:- (4) Academic/Technical Examination Certificate. Incomplete applications and those not accompanied by the requisite certificates shall not be entertained. 9. Mr. Milon Kumar Banerjee, appearing for the appellants, contends that on the dates of interview the appellants were eligible for being called for interview. Their applications were not liable to be rejected, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s true rule 37 is in terms applicable only to Public Service Commission Candidates and due notice of provisional entertainment of their application, subject to their passing examination before the date of interview, is a requirement peculiar to rule 37 and is not applicable to the present case. 14. If the principle of rule 37 is by analogy applicable, the fact that notice of provisional entertainment of applications, subject to passing of the examination before the date of interview, is a requirement in the interests of candidates who fell within that category. The appellants are by analogy persons of that category, but they have no complaint on any such ground. 15. The fact is that the appellants did pass the examination and were fully qualified for being selected prior to the date of interview. By allowing the appellants to sit for the interview and by their selection on the basis of their comparative merits, the recruiting authority was able to get the best talents available. It was certainly in the public interest that the interview was made as broad based as was possible on the basis of qualification. The reasoning of the learned Single Judge was thus based on sound prin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legality of the issue involved the full text of the advertisement dated 9th June, 1982 is extracted below: GOVERNMENT OF JAMMU AND KASHMIR STATE RECRUITMENT BOARD Advertisement Notice No. 2 of 1982 Dated 9.6.1982 Applications are invited on the prescribed form along with a self addressed envelop of 50 paise and one copy of passport size photograph duly attested which should reach the office of the undersigned on or before 16th July, 1982 from the permanent residents of J K State who are eligible for the posts shown in the annexure to this Notification. The applicants should not be more than 30 years and not less than 18 years of age on the 1st January, 1982 and should possess the qualification as noted against each post. Upper age limit is however, relaxable in the case of those in Govt. service and candidates representing scheduled caste by 5 years and 2 years respectively and in the case of Ex-servicemen upto 45 years. Vacancies shall be reserved for SC candidates where applicable under rules. Attested copies of the following certificates (original to be produced at the lime of interview for the State Rectt. Board) should be attached with the application:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The relevant part of the notification has been underlined by me. It can be divided in three parts. The first and the most important part required a candidate to apply on or before, the date specified, if he satisfied the requirement of, (i) being a permanent resident of Jammu Kashmir, (ii) was eligible for the post shown in the annexure to the notification; (iii) was not more than 30 years and not less than 18 years of age on 1st January, 1982; and (iv) was possessed of the qualifications as noted against each post. If the notification would have stopped there, probably, much could be said in favour of the appellants but the second part required every candidate to file authenticated copy of the certificate in proof of each of the conditions. The notification further provided that, 'incomplete applications and those not accompanied by the requisite certificates shall not be entertained'. The notification, therefore, provided not, only, the conditions which a candidate was required to possess when applying for the post mentioned in the notification but he was also required to support it with authenticated certificate and if he failed to do so then the application was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y other construction would further be contrary to the last part of the notification. 19. Nor can the notification, inviting applications, be construed in light of what was stated by the Government in the affidavit filed by it in the High Court. The stand of the Government that it always intended to permit candidates who qualified till date of interview was against record. Such subsequent embellishment by Government to shield its officers of permitting such candidates who were not qualified cannot be countenanced. The courts should not approve of it as it emanates in unfairness and ends in arbitrariness. Every candidate appearing in the B.E. examination could not have knowledge, as was spelt out by the Government in its affidavit before the High Court, except probably those few who despite clear words of the notification choose to apply may be with knowledge that the interview shall not be held till their results were announced. The language of the notification must have prevented large number of candidates who must have appeared in the B.E. examination from applying as they were not qualified in terms of it whereas others of same group or class stood to gain due to intention of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct invariably. This shall not apply to applications for sitting in a competitive examination in which case the applicants shall have to be in possession of the prescribed qualifications on the date of making the application. Efficacy of the rule or the objective of its enactment to throw open the competition by making it more broad based and attract best talents cannot be disputed. But the issue involved is if it could be extended by analogy to any selection or competition held by any other body. Unfairness of construing the notification, in the manner suggested, has already been dealt with. Rules are framed under the Statute to carry out the objective of the enactment If the rule making authority goes beyond the power conferred on it the rule is rendered invalid. A rule framed under one Statute, therefore, cannot be invoked for carrying out the objective of another enactment. I have, therefore, grave doubt if rules framed by the Public Service Commission could be utilised for purposes of construing the notification issued by the department of Government which has separate set of rules. 21. Having dealt with legal aspect it is necessary to be stated that it transpired ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made. The High Court for this very reason did not enter into the question of eligibility and tried to adjust the equities between the parties by directing that all those candidates, namely, the appellants who were not qualified on the date of application should be placed as junior to respondents who had applied earlier and were qualified. The order of the High Court, in my opinion, is manifestly unjust. Once the eligibility bar was lifted by the High Court, for whatever reason may be as said by it due to passage of time or because of erroneous application of Rule 37 of the Public Service Commission Rules, the appellants who were subjected to same interview as the respondents and were found better qualified and secured higher marks, could not be placed junior to others. The equity does not know the half way. Once the appellants were held to be eligible may be not strictly under law but on equitable considerations, then it was wholly unjust to place them junior and under those who in the same examination secured lesser marks. 23. I would, therefore, in agreement with Brother Thommen, J., allow the appeals, set aside the order passed by the High Court and restore that of the Singl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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