Summary
The later inclusion of B.Sc. Forestry could not retrospectively validate appointments under an advertisement prescribing different qualifications. Courts could not confer equivalence selectively and disadvantage eligible persons who had not applied. The banks’ appeals succeeded, but Aarya K. Babu received a case-specific Article 142 direction for fresh appointment against an existing or future vacancy, without prior-service benefits. Previously retained officers in similar recruitments were protected from action based on this judgment.
Issues
- Whether a later qualification change or judicially assumed equivalence could validate the completed recruitment.
- What exceptional relief and protection were appropriate.
Held
- The notified qualification governed the recruitment. A candidate could challenge an allegedly erroneous notification, but could not assume equivalence and claim appointment; selective acceptance would prejudice others who refrained from applying. (¶ 9–13)
- If revised criteria are adopted before recruitment ends, the employer must issue a corrigendum and invite applications from persons newly eligible, considering them with the original applicants. Courts must respect the same equality of opportunity. (¶ 14)
- The January 2016 addition followed completion of these selections and could operate only with an opportunity for all holders of the added qualification. Technical equivalence was not for the Court to substitute retrospectively. (¶ 15–17)
- The judgment was not to trigger belated action against officers whom employers had themselves accepted as equivalently qualified and continued in similar recruitments. (¶ 17)
- In Aarya K. Babu’s peculiar personal circumstances, Article 142 supported a direction to Bank of India to appoint her to the Agricultural Field Officer or an equivalent post against a present or future vacancy. Appointment would be fresh, with no earlier benefits, and the relief was expressly non-precedential. (¶ 18–19)
Result
Both bank appeals allowed without costs; High Court orders set aside. Bank of India to give Aarya K. Babu fresh appointment against an existing or future vacancy without past benefits. Existing similarly accepted officers protected from action based on this ruling.