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Supreme Court of India 2018-12-05 partly_allowed

Zahoor Ahmad Rather and Ors. etc vs Sheikh Imtiyaz Ahmad and Ors. etc

Bench: 2 — Dhananjaya Y Chandrachud

In Brief

The Jammu and Kashmir State Service Selection Board (SSSB) advertised posts for Technician-III, specifying "Matric with ITI in relevant trade" as the required qualification. The appellants—holding Diplomas in Electrical Engineering or Electronics—applied despite lacking ITI certification. They were interviewed but excluded from the final selection list. The Single Judge allowed their writ petition, reasoning that a higher qualification (Diploma) should presuppose a lower one (ITI). The Supreme Court reversed this, holding that recruitment qualifications are matters of policy for the State, and a higher qualification can only be presumed to include a lower one if an express statutory rule permits it. The Court granted appellants age relaxation of four years for future recruitment but upheld the Board's rejection as lawful.

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Recruitment and Selection Qualification Requirements Administrative Law Civil Service Statutory Interpretation Public Employment

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