Avatar Singh Narwal vs Union of India and Others

Pradeep Nandrajog, J.—After having heard learned counsel for the petitioner and the respondent and having perused the relevant records we only need to bring out the fact that the advertisement issued inviting applications for Permanent Commission in the Indian Army as per Annexure P-2 specified one vacancy for candidates having educational qualifications : Computer Science & Engg./Computer Science/M.Sc. (Computer). We further need to bring out that the petitioner admits not having a degree as aforesaid and instead having a Bachelors Degree in Information & Technology. We have repeatedly asked learned counsel for the petitioner to show any averment in the writ petition which pleads equivalence in an I.T degree with a degree in Computer Science & Engineering/Computer Science/M.Sc. (Computer); and instead of responding to the query put by the Court, counsel seeks to urge that in the past a person having I.T degree was given employment; ignoring the fact that the advertisement issued in the past pertained to a vacancy of a post where the incumbent was required to be possessed of a degree in Information & Technology. Thus, this plea with reference to a past incident is inconsequential.

Counsel then seeks to urge that why was the writ petitioner called for an interview if he was not possessing the requisite educational qualifications.

It is settled law that a mistake can always be rectified. Besides, with large number of applicants applying pursuant to advertisements, it does happen that interviews are conducted and only those who qualify are subjected to a scrutiny pertaining to the essential eligibility qualifications. For example, if for 10 posts, 20,000 applicants apply, the department may form an opinion that scrutinizing 20,000 applications would be a problem and thus may take a decision that only those who make the mark may be subjected to the necessary scrutiny. That apart, in matters of public employment, a person not having the requisite eligibility qualification cannot be directed to be appointed. Finding no pleading with respect to a claim of equivalence, the writ petition is dismissed in limine but without any order as to costs.