CASE NO.: Appeal (civil) 4474-75 of 1995 PETITIONER: SUBORDINATE SERVICES SELECTION BOARD RESPONDENT: BIR SINGH AND ANR./RAM NIWAS AND ORS. DATE OF JUDGMENT: 27/03/1995 BENCH: K. RAMASWAMY & B.L. HANSARIA JUDGMENT:
JUDGMENT
1995 (2) SCR 1145
The following Order of the Court was delivered :
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 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 Stenographers in
all ‘A’ class offices.
Name of the Post Qualifications
Clerks 1. Matric 1st. Div./Higher Secondary IInd
Division/Intermediate IInd Div./Graduates or equivalent (For Ex-servicemen
Matric only)
2. Knowledge of Hindi upto Matric standard.
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-Servicemen Matric only)
2. Knowledge of Hindi upto Matric Standard.
3. English shorthand at 80 w.p.m. and transcription thereof at 11 w.p.m.
4. Hindi shorthand at 64 w.p,m. and transcrip-tion thereof at 11 w.p.m.
Stenographer 1. Matric 1st Div./Hr. Sec. Hnd Div./Inter-mediate
IInd Div./Graduate or equivalent (For Ex-servicemen Matric only)
2. Knowledge of Hindi upto Matric standard.
3. English shorthand at 100 wpm and transcription thereof at 20 wpm.
4. Hindi shorthand at 80 wpm and transcription thereof at 15 wpm.”
For class ‘B’ offices, it was prescribed thus:
“Qualification for the post of Clerks, Steno-typists and Stenographer in
all offices other than ‘A’ class offices :
Name of the Post Qualifications
Clerks 1. Matric/Higher Secondary or equivalent.
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.
2. Knowledge of Hindi upto Matric Standard.
3. Hindi shorthand at 64 w.p.m. and transcription thereof at 11 w.p.m.
OR
English shorthand at 80 w.p.m. and transcription thereof at 15 w.p.m.
Stenographer 1. Hindi : Hr. Secondary or equivalent.
2. Knowledge of Hindi upto Matric standard.
3. Hindi shorthand at 80 wpm and transcription thereof at 15 wpm.
OR
English shorthand at 100 wpm and transcription thereof at 20 wpm.
In the year 1979 while giving benefit of reservation to the children of 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 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 entitlement would be available to one dependent child only.” (Emphasis
supplied)
A reading of these conditions would clearly indicate that if the 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 posts and be
considered on merits for appointment to the unfilled posts reserved for ex-
servicemen.
Respondents contend that since the advertisement, Annexure R-l, dated
7.9.91, does not prescribe any distinction between ‘A’ class and ‘B’ 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-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 eligible for appointment in
‘A’ class office. The benefit of mere Matriculation is available to the ex-
servicemen only. Dependent’s son or daughter cannot be considered to be an
Ex-serviceman, The benefit of giving reservation 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.
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.
The appeals are accordingly allowed but in the circumstances without costs.
The writ petitions filed in the High Court stand dismissed.
