VidhiSangh

Supreme Court of India · 05/12/2018

ZAHOOR AHMAD RATHER AND ORS ETC versus SHEIKH IMTIYAZ AHMAD AND ORS ETC

[2018] 14 S.C.R. 1082 · 2018 INSC 1159

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Summary

The Supreme Court upheld exclusion of diploma holders who lacked the advertised Matric-with-ITI qualification for Technician-III posts. Without an enabling rule, a higher qualification did not necessarily presuppose the prescribed one. Correcting inconsistent scrutiny did not change the selection rules. The appellants nevertheless received four years’ age relaxation for other State posts advertised up to 30 November 2020.

Issues

  1. Whether an engineering diploma substituted for the prescribed ITI qualification.
  2. Whether enforcing the advertised qualification after testing altered the selection norms.
  3. Whether discretionary higher-qualification weightage or hardship justified relief.

Provisions considered

Held

Result

Appeals disposed of without costs; exclusion upheld, subject to four years’ age relaxation for other State posts advertised up to 30 November 2020. Connected appeal governed by the same terms.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1082.