Law:

Section:

(a) Civil service--- ----Appointment--- Advertisement for appointment of Line Superintendent---Requisite qualification being Matric with 3 years diploma in Electrical/Electronic Technology---Non-appointment of petitioners due to having higher qualification--- Scope---Discrimination---Fundamental rights---Criteria/policy of department--Classification---Petitioners, in the present case, were refused appointment on account of their higher qualification--- Validity--- Eligibility/qualification mentioned in the advertisement was considered as minimum criteria and candidates below required standard were not entitled to apply---No embargo was put on the candidates having higher qualification as they had fulfilled the minimum criteria---Appointments were to be made in a transparent manner after inviting applications from those who were eligible, deserving and desirous---Principles of merits should have been safeguarded---Refusal to appoint petitioners merely on the ground of their being over-qualified was an encroachment upon their rights---Petitioners had been deprived of their rights and they had suffered illegal exercise of discretion---Impugned actions were in violation of merit and transparency---Where appointments were to be made in exercise of discretionary powers then such powers had to be employed in a reasonable manner---Exercise of such powers unreasonably could be judicially reviewed---Validity of appointment process could be checked through selection procedure prescribed and adopted followed with rigour, objectively, transparency and due diligence to ensure obedience to law---Process of appointment would be unguided, perfunctory, mechanical, haphazard, discrete and unreasonable in absence of any criteria---Impugned criteria/process had never been geared to search and select the best man for the post---Such act of authorities was discriminatory and in violation of Art.25 of the Constitution---Any criteria/policy/instruction depriving the over-qualified persons from applying a particular job could not be termed as reasonable classification under the law---Class of less-qualified persons could not be put in advantageous position vis- -vis over-qualified…

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