NEELMANI JAISWAL Vs. UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Heard the parties.

(2.) In the present case, the Tribunal instead of deciding the case on its merit, rejected the application on the ground that the petitioner has appeared in the test conducted by the Union Public Service Commission, now they cannot turn round and challenge the same, so estoppel would apply against them, placed reliance on the judgment reported in (2017) 4 SCC 357, Ashok Kumar and another vs. State of Bihar and other, but in the present case, the line of argument has been advanced by the learned counsel for the petitioner, they are not challenging the terms and conditions of advertisement, but they are challenging the selection of respondents on its merit that they do not possess requisite qualification even then their candidatures were considered and they have been appointed. In the order dated 22.07.2019, this Court has elaborately dealt with the issue and has found, prima facie the argument advanced by the learned counsel for the petitioner to be logical, accordingly, the notices have been issued to the different respondents, they have appeared and have filed their respective counter affidavit.

(3.) In the present case, the matter relates to selection for the post of Assistant Labour Commissioner and equivalent post of Central Labour Service in Junior Time Scale (Group 'A') wherein the essential qualification has been prescribed that a person must possess minimum qualification (i) Degree of a recognised University, (ii) Diploma in Social Work or Labour Welfare or Industrial Relations or Personnel Management or Labour Law from a recognized University or Institution. Desirable: Degree in Law from a recognized university. Under the Instructions and Additional Information to Candidates for Recruitment by selection, under that category prescribes the minimum essential qualification which runs, in that manner, all applicants must fulfill the essential qualifications of the post and other conditions stipulated in the advertisement. They are advised to satisfy themselves before applying that they possess at least essential qualifications laid down for various posts. No enquiry asking for advise as to eligibility will be entertained. The prescribed essential qualifications are the minimum and the mere possession of the same does not entitle candidates to be called for interview. At this stage, the rule has also been brought to our notice wherein the essential qualification has been prescribed in the same term as that of advertisement.