TMI Blog2009 (9) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... nursery teachers. We are concerned with those applicants for the posts of primary teachers who belong to the OBC category. 3. In terms of the advertisement the age limit for recruitment as on 31st July, 1996 was 18 to 30 years generally with exceptions for lady candidates, SC/ST candidates, physically handicapped candidates, etc. 4. In response to the advertisement, the Petitioner appears to have received an extremely large number of applications from the general public. With a view to reduce the number, the Petitioner introduced short-listing criteria which included, inter alia, short-listing on the basis of the age of the applicant. It is this criterion on the basis of which Respondent No. 1 became disentitled to employment and it i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y stood transferred to the Tribunal, which allowed the writ petition. Feeling aggrieved, the Commissioner, Municipal Corporation of Delhi has preferred this writ petition. 8. The question that has arisen is whether the Petitioner can discriminate against equally placed candidates merely on the basis of age. Our answer to this is in the negative. 9. Article 14 of the Constitution provides for equal treatment before the law and equal protection of the laws to all persons within the territory of India and Article 16(1) of the Constitution provides for equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Yet, discrimination between two equally placed persons is permissibl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on that neither of these reasons put forth by the Petitioner falls within the acceptable limits of Article 14 of the Constitution. 12. Subject to constitutionally permissible reservations, every endeavour must be made by the State to employ or engage the most qualified or the most meritorious persons. In doing so, the State may fix short-listing criteria on the basis of educational qualifications or experience or marks obtained in an examination or an interview or any other criterion which enables the most competent person to be selected. Unfortunately, age has nothing to do either with merit or competence. Wisdom may be an attribute of age, but not merit or competence. 13. There is not even an iota of material to suggest, nor indeed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at case, the short-listing criteria was to the effect that the candidates who were not paying income tax (excluding women and SC/ST candidates) and who have not practiced as lawyers for a period of 10 years should not be called for an interview for appointment as District Judges. The Court noted that prescription of the income criterion may result in a good candidate being ignored in some exceptional cases but it is not possible to provide for all contingencies. Mere failure to provide for all contingencies would not make the criterion adopted either unreasonable or irrational. The High Court suggested that the matter may be looked at from another angle - the question was not whether a better alternative criteria should be employed or not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r calling candidates for interview for appointment as Presiding Officers to the Labour Courts did not amount to altering or changing the prescribed criterion in the statutory rules but it was only a part of the selection process. In that case, the short-listing criteria raised the bar from 5 year's practice to 7 1/2 years practice and the Supreme Court did not find this to be either arbitrary or unreasonable. 19. Finally, learned Counsel referred to The State of West Bengal v. Anwar Ali Sarkar AIR 1952 SC 75 wherein the Constitution Bench laid down that classification must be based on some real and substantial distinction bearing a just and reasonable relation to the object sought to be attained and cannot be made arbitrarily and wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
