High Court of KeralaSingle JudgeWrit petition allowed; petitioner to join as Pe...

Sreenath C.P. v. Punjab National Bank

Case / Petition Number:W.P.(C).Nos.12508 of 2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Anu Sivaraman
Judgment Date
2022-07-27
Court Decision / Holding
The writ petition is allowed. The court directs the respondents to permit the petitioner to join the post of Peon in terms of Exhibit P5 and sets aside Exhibit P8. The court held that a person fully qualified as on the last date for submission of the application is entitled to be considered on that basis, and acquisition of a higher qualification after that date cannot be used to disqualify him; the specific notification language and lack of suppression of material facts led to acceptance of the petitioner’s case.
Final Disposition
Writ petition allowed; petitioner to join as Peon; Ext P8 set aside; interim and final relief in favor of petitioner.

Parties to the Case

Appellants / Petitioners

  • Sreenath C.P.

Respondents

  • Punjab National Bank, Head Office, New Delhi; Functional Manager, HRD, Kozhikode Circle Office; Chief Manager (HRD), PNB, Circle Office, Kozhikode

Legal Representation & Advocates

Counsels for Petitioners

  • • K.P. Pradeep
  • • Hareesh M.R.
  • • Sanand Ramakrishnan
  • • Neena Arimboor
  • • Rasmi Nair
  • • T. T. BijU
  • • T. THASMI
  • • M.J. Anoop

Counsels for Respondents

  • • P. Benny Thomas
  • • D. Prem Kamath
  • • Tom Thomas (Kakkuzhiyil)
  • • Abel Tom Benny

Case Synopsis & Summary

This writ petition challenges the decision denying the petitioner, a candidate for the post of Peon in the Subordinate Cadre, his right to join the post in terms of the appointment order (Ext P5). The petitioner applied under Exhibit P3 notification which required only pass in XII standard with basic English literacy, explicitly stating that graduates and higher qualifications were not eligible. The last date for submission of applications was 28.01.2022. The petitioner’s status on that date was only plus-two; he pursued a degree subsequently, and his final degree results were announced on 08.03.2022. After the appointment order was issued on 10.03.2022, respondents demanded a fresh undertaking that the petitioner did not possess any higher qualification at the time of joining, and he was not permitted to join as a result. The petitioner argued that, since he was fully qualified as on the last date for submission of applications, and since his acquisition of a higher qualification occurred after that date, he could not be disqualified on this basis; he also did not suppress material facts. The learned Judge permitted interim relief directing that the candidature would not be cancelled and ultimately allowed the writ petition, directing respondents to permit joining and setting aside Ext P8. The Court distinguished certain precedents and relied on the notification’s wording to hold in the petitioner’s favour.

Provisions of Law Cited

Industrial Disputes Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that Exhibit P3 notified the educational qualification as pass in XII standard with basic reading and writing knowledge of English, explicitly excluding graduates. He asserts that as on 28.01.2022 (last date for submission), his qualification was plus-two; his degree results were declared on 08.03.2022. He obtained an appointment on 10.03.2022 but was asked to submit an undertaking that he possessed no higher qualification. Since he had not completed graduation by the last date, his case should be considered on the basis of the qualification on that date. The interim order of 07.04.2022 directed that his candidature would not be cancelled. He argues that acquisition of a higher qualification after the last date cannot render him ineligible.

Contentions of Respondents

The respondents rely on the Industrial Disputes Act as an alternate remedy and contend that the notification’s clear wording excludes overqualified candidates; citing Kerala Solvent Ext. Ltd. v. A. Unnikrishnan and Anr; and Anit Kumar Das’ case, they argue that appointment to a post can be refused if the candidate becomes overqualified by acquiring higher qualifications later. They contend joining a graduate as a Peon would deprive eligible under-qualified candidates and that the notification’s intent is to preserve opportunities for those with prescribed qualifications.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Kerala Solvent Ext. Ltd v. A.Unnikrishnan and Another1994 (I) KLT 888DistinguishedThe court noted that Kerala Solvent dealt with cases where suppression of material facts or overqualification had direct relevance; here the petitioner did not suppress facts and the court distinguished the applicability of that decision to the present facts.
Chief Manager Punjab National Bank and others v. Anit Kumar DasCivil Appeal No.3602 of 2020DistinguishedCited as persuasive authority but not controlling; the court found the facts distinguishable and did not follow that decision’s rationale in this case.
Avtar Singh v. Union of India(2016) 8 SCC 471DistinguishedReferenced to argue about suppression of material facts; the court clarified that the petitioner did not suppress facts and distinguished the applicability of Avtar Singh to the instant facts.

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Extracted Judgment Text

Exact text extracted from official judgment records.

W.P.(C).Nos.12508 of 2022 1 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 27[TH] DAY OF JULY 2022 / 5TH SRAVANA, 1944 WP(C) NO. 12508 OF 2022** ## **PETITIONER:** SREENATH C.P., AGED 21 YEARS S/O. SURESH KUMAR A.K., PRANAMAM, PUNNAD P.O., IRITTY, KANNUR 670 703. BY ADVS. K.P.PRADEEP HAREESH M.R. SANAND RAMAKRISHNAN NEENA ARIMBOOR RASMI NAIR T. T.T.BIJU T.THASMI M.J.ANOOPA ## **RESPONDENTS:** 1 PUNJAB NATIONAL BANK, HEAD OFFICE, 7 BHIKA AIJI CAMA PALACE, NEW DELHI 110607, REPRESENTED BY ITS MANAGING DIRECTOR. 2 FUNCTIONAL MANAGER, (HRD), DEPARTMENT CIRCLE OFFICE, KOZHIKODE, MINI BY PASS ROAD, GOVINDAPURAM P.O., KOZHIKODE 673 016, 3 CHIEF MANAGER (HRD), PUNJAB NATIONAL BANK, CIRCLE OFFICE, KOZHIKODE MINI BYPASS ROAD, GOVINDAPURAM P.O., KOZHIKODE 673 016. W.P.(C).Nos.12508 of 2022 2 BY ADVS. P.BENNY THOMAS D.PREM KAMATH TOM THOMAS (KAKKUZHIYIL) ABEL TOM BENNY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 7.07.2022, THE COURT 27.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.12508 of 2022 3 ## **ANU SIVARAMAN, J.** **= = = = = = = = = = = = = = =** **W.P.(C).No.12508 of 2022 = = = = = = = = = = = = = = = = Dated this the 27[th] day of July, 2022** ## **JUDGMENT** ## 1.This writ petition is filed seeking the following prayers:- “i.To issue a Writ of Mandamus or any other appropriate writ or writs or order or direction to the respondents herein to allow the petitioner to join in the post of Peon in Subordinate Cadre, in terms of his appointment in Ext P5 order. ii.To issue a Writ of Certiorari or any other appropriate writ or Writs or order or direction to set aside Ext P8 proceedings of the 3[rd] respondent to the extent of it suggest cancellation of Ext. P5 appointment order. iii.To declare that the subsequent acquisition of higher qualification, after the last date for submission of the application for post, shall not disentitle the petitioner from joining the post for which he is appointed in Ext P5.” ## 2.Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. - 3.The learned counsel for the petitioner submits that the petitioner had applied for selection to the post of Peon W.P.(C).Nos.12508 of 2022 4 pursuant to Exhibit P3 notification issued by the 1[st] respondent Bank. Exhibit P3 notification specifically provided the educational qualification for the post as follows:- “Educational Qualification: Pass in XII standard with basic reading and writing knowledge of English. The candidates having completed higher qualification/s (i.e. graduation and above are not eligible.)” It is submitted that the petitioner's qualification as on the last date of submission of applications, that is, 28.01.2022, was pass in plus two. He had failed in the Degree examination in the year 2021 and had attempted the examinations again. The results were not declared. On 4.3.2022, the petitioner's documents were verified and on 10.3.2022, an appointment order was issued to him. It is stated that on 8.3.2022, the final result of the BBA examination was published and the petitioner passed the examination. It is stated that when the petitioner approached the 2[nd] and 3[rd] respondent to join the post as per Exhibit P5 appointment order, he was asked to submit a fresh undertaking stating that he does not possess any higher qualification as on the date of joining of the post. W.P.(C).Nos.12508 of 2022 5 Since the petitioner could not submit such an undertaking, he was not permitted to join. The learned counsel for the petitioner submits that he was fully qualified as on the last date for submitting applications and therefore he is to be considered as fully qualified for appointment. It is stated that Exhibit P3 specifically says that the age is to be reckoned as on 1.1.2022. It is further contended that the educational qualification is also liable to be considered as on the last date for submission of applications and that refusal to permit the petitioner to join duty is, therefore, completely misconceived. This Court by interim order dated 7.4.2022 had directed that the petitioner's candidature shall not be cancelled. - 4.A detailed counter affidavit has been placed on record by respondents 1 to 3. It is submitted by the learned counsel for respondents that the petitioner has an alternative remedy under the provisions of the Industrial Disputes Act and that as such the writ petition is not maintainable. W.P.(C).Nos.12508 of 2022 6 5.Relying on a decision of the Apex Court in **Kerala Solvent Ext.Ltd v. A.Unnikrishnan and Another** [1994 (I) KLT 888], it is contended that where a specific qualification is prescribed in the notification itself and it is specified that the candidate should not be overqualified, the termination of services of an overqualified candidate would be perfectly in order. The decision of the Apex Court in **Chief Manager Punjab National Bank and others v. Anit Kumar Das** in Civil Appeal No.3602 of 2020 dated 3.11.2020 is also relied on. It is contended that the fixation of a qualification of Plus two and providing that the candidate should not be overqualified is with a specific intention of providing employment opportunities to under-qualified candidates as well and that as such, permitting a person like the petitioner, who is admittedly a graduate, to work as Peon would take away the rights of those candidates, who are qualified as per the notification and who would not be able to get the employment, which are available to persons with qualifications of graduation. 7 W.P.(C).Nos.12508 of 2022 6.I have considered the contentions advanced on either side. Exhibit P3 notification specified that the candidate should not have completed higher educational qualification/ qualifications. It was specifically stated that persons, who complete graduation and above are not eligible. It is the petitioner's case that he had completed only his plus two qualification as on the date of submitting of his application and as on the last date for submission of the applications, which,according to him is the crucial date. It cannot be said that the petitioner had completed his graduation as on the said dates, since completion of graduation occurs only when he passes the course and can be considered as a graduate. The petitioner, therefore. had not suppressed any material fact, since admittedly his results were declared only on 8.3.2022. The decisions relied on by the learned counsel for the respondents including the decision in **Avtar Singh v. Union of India** [(2016) 8 SCC 471] was specifically with regard to situations where the possession of the qualification or material facts were suppressed by the applicant. In the instant case, the petitioner cannot be said to have suppressed W.P.(C).Nos.12508 of 2022 8 any material fact in view of the fact that he did not possess any higher educational qualification other than plus two at the time of submission of this application. If that be so, the contention raised that his application was liable to be rejected cannot be accepted. 7.The further question is whether a person who is fully qualified as on the last date for submission of application should continued to be so qualified on the date of appointment as well. On a consideration of the contentions raised, I am of the opinion that the said contention cannot be accepted. A person who is fully qualified as on the last date for submission of the application is clearly entitled to have his case considered on the basis of the qualification that he possesses as on the said date. If that be so, the acquisition of a qualification on a late date cannot be relied on him to contend that he is qualified for appointment to the post. The converse also would, therefore, be true. In view of the specific wording used in the notification, a person who acquires the disqualification after submission of the application and after the selection process W.P.(C).Nos.12508 of 2022 9 is complete cannot be held to be disqualified only on account of the fact that he passed the degree examination and the results were announced after the selection process was complete. In the above view of the matter, I am of the opinion that the contentions raised by the petitioner are liable to be accepted. The writ petition is, therefore, allowed. There will be a direction to the respondents to permit the petitioner to join the post of Peon in terms of Exhibit P5. Exhibit P8 proceedings are therefore set aside. **==> picture [27 x 12] intentionally omitted <==** **Anu Sivaraman, Judge** sj W.P.(C).Nos.12508 of 2022 10 ## **APPENDIX OF WP(C) 12508/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE NO S NO. SSE/2016 DATED 28.05.2016 ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION. - Exhibit P2 TRUE COPY OF THE CERTIFICATE NO. HSE 3/2018/412079 DATED 105-2018 ISSUED BY THE BOARD OF HIGHER SECONDARY EXAMINATION, GOVERNMENT OF KERALA. - Exhibit P3 TRUE COPY OF THE NOTIFICATION DATED - 6.1.2022 ISSUED BY THE 2ND RESPONDENT. - Exhibit P4 TRUE COPY OF THE COMMUNICATION N0 HRD 248/2022 DATED 25.2.2022 ISSUED BY THE 2ND RESPONDENT. - Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER DATED 10.3.2022 ISSUED BY THE 3RD RESPONDENT. - Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 29.3.2022 SUBMITTED TO THE 2ND RESPONDENT. - Exhibit P7 TRUE COPY OF THE REPLY DATED 29.3.2022 ISSUED BY THE 3RD RESPONDENT. - Exhibit P8 TRUE COPY OF THE NOTICE NO. HRD 457/2022 DATED 30.3.2022 ISSUED BY THE 3RD RESPONDENT. RESPONDENT EXHIBITS - Exhibit R1A TRUE COPY OF THE LETTER OF APPOINTMENT DATED 10.3.2022 True copy PS to Judge