Supreme Court of India
SUBORDINATE SERVICES SELECTION BOARDversusBIR SINGH AND ANR./RAM NIWAS AND ORS.
- Citation
- 1995 INSC 217
- Decided
- 27 March 1995
- Disposal
- Appeal(s) allowed
Holding
Dependents of ex‑servicemen are eligible for ‘A’ class clerk appointments only if they meet the higher qualification of matriculation with First Division (or Intermediate with Second Division); mere matriculation is insufficient.
Summary
The government reserved clerk posts in ‘A’ class offices for ex‑servicemen, allowing only matriculation as the minimum qualification for them, while general candidates required higher marks. In 1979 it was decided that, if suitable ex‑servicemen were unavailable, the dependent sons or daughters of ex‑servicemen could be considered, provided they satisfied the qualifications prescribed for the post. The respondents, dependents of ex‑servicemen, claimed eligibility for ‘A’ class clerk positions on the basis of having merely passed matriculation, arguing that the 7 September 1991 advertisement made no distinction between ‘A’ and ‘B’ class offices. The Supreme Court held that the advertisement dealt with clerks in general and did not alter the specific qualification requirement for ‘A’ class posts, which demanded matriculation with First Division (or Intermediate with Second Division) for dependents. Consequently, the respondents were not entitled to appointment in ‘A’ class offices. The Court allowed the appeals, overturning the High Court’s decision, and dismissed the writ petitions.
Issues considered
- Whether dependents of ex‑servicemen, who possess only matriculation and not First Division, are eligible for appointment to clerk posts in ‘A’ class offices reserved for ex‑servicemen.
Subjects
service lawreservationex‑servicemendependentsqualification requirementsappointmentclerk postsA class offices
Judgment
I
SUBORDINATE SERVICES SELECTION BOARD A
v.
BIR SINGH AND ANR./RAM NIWAS AND ORS.
MARCH 27, 1995
[K. RAMASWAMY AND B.L. HANSARIA, JJ.) B
Service Law-Appointments-Clerk in 'A' Class Offices--Qualifica-
tions-R.e.rerving post for ex-servicemen-Appointment to unfilled post
reserved for ex- servicemen-Dependent of ex-servicemen-Eligible for con-
r sideration-Subject to candidates possessing qualifications prescribed for C
post-Dependent of ex-servicemen cannot be considered to be an ex-ser-
vicemen.
The Government while reserving the post for ex-servicemen
prescribed qualifications for the posts in Class'A' offices as mere
Matriculation. The qualification of First Division in Secondary or Second D
Division in Intermediate was necessary for general candidates. In the year
1979 while giving benefit of reservation to the children of Ex-Servicemen,
it was stated that due to non-availability of suitable candidates for the
reserved quota, the recruitment of Ex-Servicemen to the Civil posts was
not being made to the desired extent. Therefore, it had been decided that E
the dependent sons and daughters of Ex-Servicemen, who fulfill all the
conditions of qualifications prescribed for the posts.should be considered
on merit for the posts reserved for Ex-Servicemen to the extent of non·
availability of suitable Ex-Servicemen.
The respondents, dependents of Ex-servicemen claimed that since F
,;--the advertisement dated 7.9.1991, did not prescribe any distinction between
j (
'A' class and 'B' class offices and had only mentioned about Matriculation
-~~-
as the respondents had secured Matriculation, they were eligible on par
with the ex-servicemen for appointment in 'A! class posts.
The question raised for consideration was whether the respondents
G
were eligible to be considered for appointnient as Clerks in 'A' class offices
on the admitted position that they were not matriculates with first division.
The High Court found them to be eligible. Hence these appeals.
Allowing the appeals, this Court H
1145
1146 SUPREME COURT REPORTS - -- 11995) 2 S.C.R.,
A HELD: The·advertisement dated 7.9.91 dealt with Clerks in general;
it did not say about Clerk in 'A' class offices. In case ex-servicemen were
not available and there existed vacancy reserved for ex-servicemen, the -<
dependent i.e. son or daughter of ex-servicemen, was eligible for considera-
tion to appointment but subject to the candidates possessing qualifications
prescribed for the posts. One of the conditions was that in case of the
B dependent, he shall also be required to be a Matriculation with First
Division or Intermediate with Second Division. Such candidate alone was
eligible for appointment in 'A' class office. The benefit of mere Matricula-
tion was available to the ex-servicemen only. Dependent's son or daughter
cannot be considered to be an ex-servicemen. The benefit of giving reser- /
C vation to the dependents is only to see that the posts reserved for ex-ser-
vicemen may not be allowed to be lapsed for non-availability of
ex~servicemen. The respondents were not entitled for appointment in 'A!
class offices since they did not have First Division in Matriculation nor
were they ex-servicemen. [1149-D-F]
D CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4474-75
of 1995.
From the Judgment and Order dated 14.7.93 of the Punjab & (
Haryana High Court in C.W.P. 11553 of 1993.
E Pradeep Gupta and K.K. Mohan for the Appellant.
B.S. Chahar and Ashok Mathur for the Respondents.
The following Order of the Court was delivered :
F Leave granted.
The only question is whether the respondents are eligible to be
considered for appointment as Clerks in 'A' Class offices on the admitted-~
position that they are not matriculates with first division. The High Court '
G in W.P. No. 11553/93 by judgment dated 14.7.94 found them to be eligible.
Admittedly, the respondents are dependents of ex-servicemen. The
Government while reserving the posts for ex-servicemen, have prescribed
qualifications for the posts in Class 'A' offices, as under :-
"Qualifications of the posts of Clerks, Steno-typists and Stenog-
H raphers in all 'A' class offices.
I
S.S.S.B. v. BIR SINGH 1147
Name of the Post Qualifications A
Clerks 1. Matric 1st. Div./Higher Secondary Ilnd Divi-
sion/lntermediate Ilnd Div./Graduates or
equivalent (For Ex-servicemen Matric only)
2. Knowledge of Hindi upto Matric standard. B
3. Hindi/English typing at a speed of 25/30
words per minute respectively.
{
( Steno-typist 1. Matric 1st Div. Higher Secondary Second
Division/Graduate or equivalent (For Ex- c
Servicement Matric only)
2. Knowledge of Hindi upto Matric Standard.
3. English shorthand at 80 w.p.m. and transcrip-
tion thereof at 11 w.p.m. D
4. Hindi shorthand at 64 w.p.m. and transcrip-
tion thereof at 11 w.p.m.
Stenographer 1. Matric 1st Div./Hr. Sec. Ilnd Div.linter-
mediate Ilnd Div./Graduate or equivalent E
(For Ex-servicemen Matric only)
2. Knowledge of Hindi upto Matric standard.
3. English shorthand at 100 wpm and transcrip-
tion thereof at 20 wpm. F
/
,--
4. Hindi shorthand at 80 wpm and transcription
thereof at 15 wpm."
1·
For class 'B' offices, it was prescribed thus:
G
"Qualification for the post of Clerks, Stenotypists and Stenog-
rapher in all offices other than 'A' class offices :
Name of the Post Qualifications
Clerks 1. Matric/Higher Secondary or equivalent. H=
\
1148 SUPREME COURT REPORTS (1995) 2 S.C.R.
A 2. Knowledge of Hindi upto Matric standard.
3. Hindi or English typing at a speed of 25/30 -<
wpm respectively.
Steno-typist 1. Matric/Hr. Secondary or equivalent.
B
2~ Knowledge of Hindi upto Matric Standard.
3. Hindi shorthand at 64 w.p.m. and transcrip-
(
tion thereof at 11 w.p.m.
)
c OR
," English shorthand at 80 w.p.m. and transcrip-
tion thereof at 15 w.p.m.
Stenographer 1. Hindi : Hr. Secondary or equivalent.
D
2. Knowledge of Hindi upto Matric standard.
3. Hindi shorthand at 80 wpm and transcription
thereof at 15 wpm.
E OR
English shorthand at 100 wpm and transcrip-
tion thereof at 20 wpm.
In the year 1979 while giving benefit of reservation to the children of
F Ex-Servicemen, by proceedings dated March 21, 1979, it was stated thus:
"It has been observed that due to non-availability of suitable
candidates for the reserved quota, the recruitment of Ex-ser-
vicemen to the civil posts is not being made to the desired extent.
In view of this, it has been decided that the dependent sons and
G daughters of Ex-servicemen, who fulfill all the conditions of
qualifications, age etc. prescribed for various posts, should also be
considered on merits for the posts reserved for the Ex-servicemen to
the extent of non-availability of suitable Ex-servicemen. This entit-
lement would be available to one dependent child only." (Em-
H phasis supplied)
I
S.S.S.B. v. BIR SINGH 1149
A reading of these conditions would clearly indicate that if the A
ex-servicemen are considered for appointment in 'A' Class offices, they
may be mere Matriculate only. The qualification of First Division in
Secondary or Second Division in Intermediate is necessary for general
candidates. With regard to the appointments in 'B' Class offices this
condition was not incorporated. For children of ex-servicemen, they are
required to fulfill all the conditions of qualifications prescribed for the
B
posts and be considered on merits for appointment to the unfilled posts
reserved for ex-servicemen.
Respondents contend that since the advertisement, Annexure R-1,
f
dated 7.9.91, does not prescribe any distinction between 'A' class and 'B' c
class offices and had only mentioned about Matriculation as the respon-
dents had secured Matriculation, they are eligible on par with the ex-ser-
vicemen for appointment in 'A' class posts. We find no force as the
advertisement dealt with Clerks in general; it did not say about Clerk in
'A' class office. It has already been seen that in case ex-serviceman is not
available and there exists vacancy reserved for ex-serviceman, the depend- D
ent i.e. son or daughter of ex-exservicemen, is eligible for consideration to
appointment but subject to the candidates possessing qualifications
prescribed for the posts. One of the conditions is that in case of the
dependent, he shall also be required to be a Matriculation with First
Division or Intermediate:: with Second Division. Such candidate alone is E
eligible for appointment in 'A' class office. The benefit of mere Matricula-
tion is available to the ex-servicemen only. Dependent's son or daughter
cannot be considered to be an Ex-serviceman. The be~efit of giving reser-
vation to the dependents is only to see that the posts reserved for ex-ser-
vicemen may not be allowed to be lapsed for non-availability of
ex-servicemen. F
Considered from this perspective, we are of the view that the respon-
dents are not entitled for appointment in 'A' class offices since they do not
have First Division in Matriculation nor that they are ex-servicemen.
G
The appeals are accordingly allowed but in the circumstances
without costs. The writ petitions filed in the High Court stand dismissed.
R.A. Appeals allowed.
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