CH PAPANNA Vs. PERSONNEL MANAGER SBI

JUDGEMENT

(1.) This writ petition is filed to declare the action of the respondents in disqualifying the petitioner for recruitment to the post of Messenger on the ground of possessing higher educational qualification as discriminatory and violative of Articles 14 and 16 of the Constitution and also to direct the respondnets to appoint the petitioner as a Messenger in the respondent-bank.

(2.) The case of the petitioner is that he passed Secondary School Certificate examination in the year 1974. He was originally appointed as a temporary Messenger in the State bank of India, Kurnool branch in April, 1977. He worked for 331 days at various branches of the respondent-bank as a temporary Messenger between April, 1977 and July, 1981. When the respondent-bank decided to absorb the services of temporary Class-IV employees in the year 1986, the petitioner applied for absorption. The criteria laid down for the absorption was that temporary class-IV employee must work for more than 270 days within a span of three years. The petitioner appeared for in terview held on 5-4-1986. On 28-7-1986, he was informed by the bank authorities that he was disqualified for the post of Messenger as he is over-qualified. According to the Regulations governing recruitment to the post of Messengers/Watchman/ Armed Guards, one should have passed VIII Class, but no X Class passed, to seek appointment to those posts. The petitioner had passed S.S.C., even at the time of initial appointment In view of the Regulations, the Bank has refused to absorb the petitioner in the post of Messenger though he had put in more than 270 days of service within a period of three years.

(3.) A counter was filed by the bank authorities stating that the petitioner has gotadequate alternative remedy under the Industrial Disputes Act and.that the petitioner was not qualified to be appointed as Messenger as per the rules of recruitmentof the Bank. Additional counter affidavit was alio filed by the bank authorities stating that it is for the institution to fix eligibility norms, such as educational qualification, etc., depending upon the nature or work/duties involved to facilitate the institution's requirement and that if maximum qualification at a specific level is not fixed, higher educational qualification would pose several problems, like better qualified candidates naturally aiming for better jobs and leave the services, which results in unstability necessitating fresh recruitment, etc.