Higher qualifications can't be demerit for JEs post: SC

In an important decision, the Supreme Court has said that higher qualifications cannot be treated as a demerit or disqualification for a job.

A bench of Justices Uday Umesh Lalit and S Ravindra Bhat allowed B E or B Tech degree holders to apply for jobs to the post of Junior Engineers in Himachal Pradesh State Electricity Board.

Dealing with the main question of whether degree holders can also apply for the posts of JEs, the top court pointed out a close examination of the rules showed that a lion’s share of the posts at the JE level was set apart for direct recruitment.

However, when it is at the level of the higher post i e Assistant Engineer, which is a promotional post, direct recruitment is only to the extent of 36 per cent. Of the balance 64 per cent, various sub-quotas have been stipulated for feeder cadres, the largest percentage being for Junior Engineers, it said.

"This only shows the intent of the rulemakers not to exclude degree holders from consideration for the lower post of Junior Engineers," the bench said.

The court allowed a batch of appeals filed by Puneet Sharma and others against the Himachal Pradesh High Court's judgment which had held that the degree holder cannot be permitted to urge that they possess higher qualifications enabling them to apply for the post of Junior Engineers.

Writing the judgment, Justice Bhat rejected a contention by diploma holders that the minimum qualification for the post of JEs was matriculation and that the technical qualification was just diploma as "incorrect".

The HPSEB, for its part, argued that it is the inherent right of the employer to seek out better-qualified individuals for public appointment.

"Undoubtedly, eligibility is amongst those who passed in matriculation or 10+2 or its equivalent qualification. The minimum qualification for the post cannot be deemed to be only matriculation but rather that only such of those matriculates, or 10+2 pass students who are diploma holders would be eligible. The term “with” in this category has to be read as conjunctive," the court said, interpreting the rules.

It directed the electricity board to process the candidature of all applicants, including the degree holders who participated in the recruitment process and proceed to issue the final selection list of all successful candidates, after holding the interview, depending on the relative merits.