SUNIL PURI Vs. STATE OF U P

JUDGEMENT

(1.) This intra court appeal against the judgment dated 30.07.2012 by a learned Single Judge, questions the correctness of the view taken in the impugned judgment on the ground that Group 'D' employees possessing higher qualifications are ineligible for consideration and promotion to Grade 'C' posts as reserved under the Government Orders dated 31.03.1982 and 03.09.1995.

(2.) Having heard Sri Agarwal for the appellants, we are unable to perceive any logic in his arguments to discover an illegality so as to reverse the impugned judgment. Reliance has been placed on the decision in the case of Kuldeep Kumar Gupta Vs. Himanchal Pradesh State Electricity Board, 2001 AIR(SC) 308by Sri Agarwal to urge that the reservation as provided for in the Government Orders referred to here-in-above, restricts the eligibility zone to candidates who are High School and Inter pass only. He contends that those possessing higher qualifications are bound to eliminate candidates having High School and Intermediate qualification, and therefore the reservation should be read as restricting the eligibility in favour of those who are only possess High School or Intermediate qualifications. It is then only can reservation be effectively implemented in terms of the Government Orders applicable to the controversy.

(3.) There can be no dispute with the proposition that reservation in promotion for lesser qualified candidates can be provided for as a reasonable classification as per the decision in the case of Kuldeep Kumar Gupta . However the said decision nowhere holds that a person more qualified cannot be considered for promotion against a post with a requirement of lesser qualification.