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TMI Blog2000 (2) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... ruitment Is to be made by District Judge strictly in order of seniority from the list of candidates to be prepared as under: (a) In preparing the list the District Judge shall act upon the advice of a committee known as the Advisory Committee. (b) Such list shall contain names of candidates for recruitment to the different categories referred to above in separate parts for each category. (c) Subject to Rule 3 no candidate whose name is not on such list shall be employed in any of the above categories in any Civil or Criminal Court. (d) The list prepared by the Advisory Committee shall be final. 4. Rule 2 provides for Constitution of the Advisory Committee, which shall consist of District Judge as the chairman and other judicial Officers, mentioned therein. Necessary educational and other qualifications, which would qualify a candidate for being enlisted in various posts, are prescribed by Rule 8. For 'Bailiffs' and 'Peons' these are as under: Bailiffs : (1) Not lower than a pass in the Regional Language Final Examination or in the examination of standard VII of a recognised School with Marathi as the medium of instruction. (ii) Active habits and tempera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oper interest in the work of peons and that they generally feel shy and below dignity when required to do the work of sweeping the Court rooms, chambers of Judges, etc. It was submitted this was based on the experience gained. It was also stated that apart from the fact that persons with higher educational qualifications thought it below dignity to do ordinary manual jobs, they would also get frustrated in the absence of proper avenues for promotion, which would result in dislocation of the working of the Courts. 8. Relying on decisions of this Court in Government of A.P. v. P. Dilip Kumar [1993]1SCR435 . Public Service Commission v. Navnit Kumar Potdar (1995)ILLJ180SC and Union of India v. I. Sundararaman (1997)IILLJ368SC , wherein this Court upheld the principle of short-listing in recruitment process, High Court in its impugned Judgment also said that the Supreme Court clearly held that it was open to the authority concerned to restrict the zone of consideration amongst the eligible candidates in any reasonable manner and that as to what would be the reasonable manner in a given case would undoubtedly depend on the facts of each case. Reference in this connection was made to an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Where the number of applications received in response to an advertisement is large and it will not be convenient or possible for the Commission to interview all the candidates, the Commission may restrict the number of candidates to a reasonable limit on the basis of qualification and experience higher than the minimum prescribed in the advertisement or by holding a screening test, 37 applications were received for three posts. The Commission short-listed the candidates on the basis of four years experience or more. As a result 20 candidates were called for Interview. Respondent did not qualify for the short-listing. He challenged the selection which was upheld by the Central Administrative Tribunal, Madras Bench. On appeal filed by Union of India this Court said that the procedure adopted by the Commission was a legitimate. The decision of the Central Administrative Tribunal was set aside. 12. Applying the principles laid down by this Court in the aforesaid decisions High Court held that the four criteria adopted by the Advisory Committee for short-listing cannot be said to be unreasonable. High Court held that fourth criterion was based on actual experience as reflected in the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er departments where separate lists were being maintained, ratio of degree holders and diploma holders was 3:1 whereas in the present case ratio of 3:2 was recommended taking into account the large number of diploma holders. It was also found that a degree holder has to put in six years of study at college level after leaving school stage whereas diploma holders have only 3 years study at the institute of technology after school stage. Because of that, the Court said, higher technical caliber in degree holders is presumed. Then this Court said (paras 23 and 24): The next question to be examined is about the extent of the preference given to the degree-holders. At this stage, we may first give our reasons as to why this aspect is amenable to examination. The rule-making authority having made a diploma-holder eligible for promotion, it follows that a diploma-holder does not suffer from such an infirmity as to make him totally unfit for holding the higher post. If that is so, question is whether the ratio could be made so inequitable as to mock at the guarantee of equality? The right which has been conferred by one hand cannot be taken away by another; nor can the right be converted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section Writers : Not lower than a pass in the Regional Language Final Examination or in the examination of Standard VII of a recognised school with Marathi as the medium of instructions. 18. If the appointment of a candidate to the post of peon is restricted to his having qualified up to Standard VII he will have no chance of promotion to the post of Regional Language Section Writer or a Clerk, it is not that qualifications required for Regional Language Section Writer and Clerk are to be acquired by a peon during the course of his service. During the course of hearing we were referred to a few applications submitted by peons who are already working wherein they had prayed for their being considered for appointment to post of clerks since they had acquired requisite qualifications for that post. On this an argument is sought to be based that those peons with higher qualifications are not interested in their work as peons. We can give no credence to such an argument when Recruitment Rules themselves prescribe that post of a clerk can be a promotional post for a peon having requisite qualification. There is nothing wrong if a peon sends in his request for being considered to be pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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