JUDGMENT
Khan, J.
1. R-3 issued circular dated 25.6.1996 inviting
applications for appointment to PGT (Vocational). The
minimum educational qualification prescribed was Graduation
and a Diploma. Petitioner challenged this in OA No. 1560/96
on the ground that eligibility prescribed was lesser than
the one stipulated by CBSE affiliation bye-laws which were
mandatory and binding. She accordingly prayed for
quashment of circular and regularisation of her services.
2. Respondents 1-3 opposed this on the plea that CBSE
was an autonomous body and its affiliation bye-laws had no
bearing on the matter and that it was their prerogative to
prescribe the requisite qualification under Rules for the
post.
3. Tribunal upheld the plea of these respondents and
dismissed the OA by impugned order. Hence this petition.
4. L/C for petitioner, Mr. Bhardwaj has taken us
through various CBSE Bye-Laws to show that a higher
qualification was prescribed for teachers in vocational
stream. He claimed that this was binding on R1-3 and they
could not have prescribed a lesser qualification for the
post to consider candidates with lesser qualifications.
5. Petitioner’s case appears misdirected through and
through and suffers from a serious misconception. It must
be made clear at the very outset that it is the employer’s
prerogative to prescribe qualifications for the post and in
the present case relevant recruitment rules prescribe
graduation/Diploma. Therefore, if R1-3 have proceeded to
make selection under the qualification prescribed by Rules,
their action can’t be faulted. Nor can it be said or held
that they were required to be guided by CBSE Affiliation
Bye-Laws.
6. CBSE is an autonomous examining body. Its
bye-laws are meant to regulate its own functioning and the
affiliation bye-laws governing its grant or refusal of
affiliation to a school. Anything laid down or prescribed
in these bye-laws has relevance for affiliation purposes
only and nothing more. Illustratively, if requirements
laid down in these are not satisfied, it is for the CBSE to
refuse affiliation to a school on that basis. But the
bye-laws of the Board by no stretch of logic or imagination
could be credited the character of recruitment rules or for
that matter applied to appoint it for a post which was
governed by its own set of Rules. The question of these
bye-laws being binding on R1-3 for purpose of appointment
to posts in Government Schools does not arise.
7. We also fail to appreciate how petitioner was
prejudiced by all this. She admittedly possessed a higher
qualification and enjoyed a better prospect in selection in
that strength. Nor could she be credited with any locus to
suggest a qualification for the post, more so when she had
failed to throw any challenge to relevant rules prescribing
the impugned qualifications.
8. We accordingly find no merit in this petition
which is dismissed and Tribunal order affirmed.