Sanjeev Gupta vs State of J&K and ors.

Tejinder Singh Doabia, J.—Service Selection Board J&K issued an advertisement on 29.9.1997. Among various posts which were notified,

one was the post of Grade Marketing Inspector. This figured at Sr. No 14 of the aforementioned Notification. The entry at S. No. 14 is being

reproduced below :

State Grading Manager Inspector (14002600) 22 Horticulture (PSE) Graduate preference to those candidates who possess diploma in

marketing management Graduate (B.Com.)

From the perusal of the aforementioned notification it becomes apparent that the basic qualification which was prescribed was the graduation.

Preference was to be given to those candidates who possessed diploma in Marketing Management. Later on, another Notification came to be

issued. This indicated the short listing of criteria. The notification in so far as relevant for the purposes of this writ petition is being reproduced

below:

Grading/Marketing Inspectors (Agriculture Deptt) State Cadre Item No. 14 1. Open category i) Graduation 70.18% and above marksii)

Graduation with Dip. in Management 55.90% and above marks in Graduation 2.2.1998 3.2.1998, J&K SSB 7C Shastri Nagar Jammu.

Yet another Notification stands issued. This as per the petitioners, was issued on 20.1.1998. This is also being reproduced hereinbelow :

J&K SERVICES SELECTION BOARD JAMMU

NOTIFICATION

It is hereby notified for the information of all concerned to please read Graduation with Diploma in marketing Management instead of Graduation

with Diploma in Management published in News Paper Daily Excelsior dated 20.1.1998.

Sd/

Administrative Officer,

J&K Service Selection Board, Jammu.

The petitioner further submits that interviews were held. After the interviews were held, yet another Notification came to be issued. This is

annexure ""K"" with the petition. The fact that it came to be issued after the interviews were held, is not being disputed. This Notification is also being

reproduced below :

J&K SERVICES SELECTION BOARD JAMMU

NOTIFICATION.

As intimated by Convenor Selection Committee for Grading/Marketing Inspector, it is notified for the information of all concerned that the

candidates from Open/Reserved Categories who had applied for the posts of Grading/Marketing inspector in Horticulture Department who

possess Diploma/Master Degree in Business Management and fall in the criteria already published in the news Paper ""Daily Excelsior"" dated

20.1.1998, are also advised to appear before the Selection Committee on 14.3.1998 at 10 a.m. in 7C Shastri Nagar Jammu. The other details of

the notification shall remain unchanged.

Sd/

Administrative Officer,

J&K Service Selection Board, Jammu.

Thereafter, the results were declared. The petitioners were not successful. They have challenged the selection of the private respondents, inter

alia, on the grounds that it is the initial qualification which is required to be taken note of. This, as per the petitioners was Graduation. Preference

was to be given to a candidate who possessed diploma in Marketing Management. It is submitted that in the matter of giving preference, there was

change in criteria and by this change, the merit of the petitioners has been converted into demerit. It is submitted that by issuing a Notification after

the initial notification by which masters degree in Business Management has also been made relevant for grant of 10% preferential marks is totally

contrary to law.

The learned counsel for the respondents submit that 70% of the total points were earmarked for the basic qualification. For weightage to

Diploma in Marketing Management or Diploma/Master's Degree in Business Management 10 points were given. It is submitted that so far as

Diploma in Business Management is concerned, that change was notified on 20.1.1998.

From the above narration, it becomes apparent that original preference was to be given to a candidate having diploma in Marketing

Management. Thereafter, diploma in Business Management was also notified as the preferential qualification alongwith the original qualification. Still

later, diploma in Marketing Management was also indicated as a preferential qualification. This was done before the interviews. Still later on,

diploma/Master Degree in Business Management was also made a relevant criteria.

The plea put forward by the learned counsel for the respondents is that by taking into consideration a qualification which is higher than the

minimum prescribed, better candidates have been inducted in service. It is submitted that this cannot be made a ground of challenge. It is submitted

that in the original notification, the word used was diploma in Marketing Management. By giving preference to candidates who had diploma in

Marketing Management no illegality has been committed. It is submitted that even if the original notification used the word Marketing Management,

this continues to be the spirit behind the latter changes. Giving benefit to Diploma/Masters Degree in Business Management vide Notification

reproduced above has only attracted better candidates.

After having heard learned counsel for the parties, I am of the opinion that the change brought about by the latter notification does not in any

way dilute the criteria already fixed. This has been done with a view to attract better candidates. Even if this was not specifically mentioned a

person possessing higher qualifications can always be considered. It is lowering of qualification which invites interference from this Court and not

vice versa. In view of this, it is not possible to issue any writ or direction in this case. These petitions are found to be without merit and are

dismissed.

Petitions dismissed.