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Overqualified for job: SC upholds disqualification of graduate peon at bank

By: PTI | New Delhi |

November 4, 2020 11:11:26 am






The bench mentioned that Das utilized for the submit of peon however in his utility/bio-data didn’t disclose that he was a graduate diploma holder since 2014 and solely talked about his qualification as twelfth cross. (Express photograph by Prem nath pandey/ Representational)

The Supreme Court on Tuesday refused to simply accept the competition that overqualification can’t be a floor for disqualification because it upheld an order of the Punjab National Bank terminating the service of a peon who had suppressed the truth that he was a graduate.

The high courtroom put aside two orders of the Orissa High Court by which it had requested the bank to permit the peon to discharge his service, saying a candidate having suppressed the fabric info and/or giving false info can’t declare the suitable to continuance in service.

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A bench of justices Ashok Bhushan, R Subhash Reddy and M R Shah allowed the enchantment filed by the bank, noting that it had said in its job commercial that the applicant shouldn’t be a graduate.

The courtroom additionally noticed that as an alternative of difficult the qualification standards, Amit Kumar Das had utilized for the job and hidden his qualification.

On the bottom that Das “deliberately, wilfully and intentionally” suppressed the truth that he was a graduate, the High Court has erred in directing the appellant Bank to permit the respondent – unique writ petitioner – to discharge his duties as a peon, the courtroom mentioned.

Referring to an earlier verdict of the highest courtroom, the bench mentioned that the suppression of materials info and making a false assertion have a transparent bearing on the character and antecedents of the worker in relation to his continuance in service.

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It mentioned, an worker is predicted to offer right info as to his qualification. The unique writ petitioner failed to take action. He was, actually, overqualified and subsequently ineligible to use for the job.

The high courtroom mentioned that one other righteous candidate has suffered on account of this mischievous act by Das.

Das relied on the highest courtroom’s verdict of 2000 and mentioned {that a} increased qualification can’t be a floor for his disqualification from the job as rightly held by the Orissa High Court.

The bench famous that the Bank has invited the functions for the submit of peon by giving a newspaper commercial wherein it was particularly talked about {that a} candidate ought to have handed twelfth class or its equal with fundamental studying/writing information of English and shouldn’t be a graduate as on January 1, 2016.

It mentioned that as per the eligibility standards talked about within the commercial, a candidate with a graduate diploma was not eligible even to use.

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The bench mentioned that Das utilized for the submit of peon however in his utility/bio-data didn’t disclose that he was a graduate diploma holder since 2014 and solely talked about his qualification as twelfth cross.

It mentioned trying at the character of the submit of peon, a acutely aware choice was taken by the bank offering eligibility standards/academic qualification {that a} graduate candidate shall not be eligible for the submit of peon/subordinate workers.

The high courtroom mentioned that Das by no means challenged the eligibility standards/academic qualification talked about within the commercial and as an alternative participated within the recruitment course of.

Therefore, as soon as having participated within the recruitment course of as per the commercial, thereafter it’s not open for him to contend that acquisition of increased qualification can’t be a disqualification and that too when he by no means challenged the eligibility standards/academic qualification talked about within the commercial, it mentioned.

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The high courtroom said that it’s for the employer to find out and determine the relevancy and suitability of the {qualifications} for any submit and it’s not for the courts to think about and assess.

Greater latitude is permitted by the courts for the employer to prescribe {qualifications} for any submit. There is a rationale behind it.
“Qualifications are prescribed preserving in view the necessity and curiosity of an establishment or an trade or an institution because the case could also be. The courts should not match devices to evaluate expediency or advisability or utility of such prescription of {qualifications}, it mentioned.

The bench, nevertheless, mentioned that at the identical time, the employer can’t act arbitrarily or fancifully in prescribing {qualifications} for the posts.

Therefore, the High Court has clearly erred in directing the appellant Bank to permit the respondent unique writ petitioner to discharge his duties as a peon, although he as such was not eligible as per the eligibility standards/academic qualification talked about within the commercial, it mentioned.

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It famous that Das in his bio-data didn’t point out that he was a graduate and really cleverly he suppressed the fabric truth and declared his qualification as Higher Secondary School Certificate (HSC), whereas as he was holding a level within the Bachelor in Arts.

Had it been recognized to the bank that he was a graduate, he wouldn’t have at all been thought-about for choice as a Peon within the bank. That thereafter when scrutiny of the paperwork was happening and when the respondent – unique writ petitioner produced a commencement certificates, at that point, the bank got here to know that he was a graduate and subsequently not eligible, it mentioned.
The high courtroom mentioned that subsequently the bank rightly cancelled his candidature and he was not allowed to hitch the bank within the subordinate cadre.

The courtroom mentioned it was not imposing prices on Das although his mischievous act had disadvantaged one other candidate of the job.

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