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PETITIONER: BASHIR AHMAD & ORS.

       Vs.

RESPONDENT: STATE OF PUNJAB & ORS.

DATE OF JUDGMENT:       22/03/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  JT 1996 (4)   285        1996 SCALE  (3)556

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      This appeal  by special  leave arises from the judgment and order  of the  High Court  of Punjab and Haryana made on February  22,  1994  in  CWP  No.12838/93.  Admittedly,  the appellants had  worked initially  as cleaners and thereafter they were  promoted as  Divers in  Poultry Department of the State of  Punjab. Since  they were found to be surplus, they were retrenched  When the Government had notified for direct recruitment in  the  Department  of  Animal  Husbandry,  the appellants also  had applied  for direct  recruitment.  They were not  selected on  the ground  that they did not possess the required  educational qualifications. Consequently, they filed the  writ petition  which came  to be dismissed. Thus, this appeal by special leave.      The learned  counsel for the appellants has strenuously contended that  this Court  in C.A.  No.3496 of  1990 titled B.N. Saxena  vs. N.D.M.C. decided on July 25, 1990 read down the  rule   holding  that  after  the  initial  appointments experience gained  for a  considerable  length  of  time  is itself  a   qualification  for   promotion  and,  therefore, requirement of further qualification was bad in law. He also relied upon  another judgment  in State  of  U.P. & Ors. vs. J.P. Chaurasia  & Ors.  [(1989) 1 SCC 121]. Relying thereon, it  is  contended  that  the  rule  prescribing  educational qualifications as  one  of  the  qualifications  for  direct recruitment must  be read  down. So  read  down,  since  the appellants  have   the  necessary  experience,  it  must  be construed to  be a  qualification for  recruitment. The view taken by  the High Court and recruitment authority is had in law. We  find no  force in  that contention. It is seen that for the  direct recruitment only. The Government in the rule have prescribed  driving licence  and  also    knowledge  of Punjabi  language   upto   middle   standard   to   be   the qualification.  Therefore,   anyone  who   possesses   those qualification has  to be  considered for recruitment. Since,

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admittedly,. The  appellants are  not  fulfilling  the  said criteria, the  dismissal of the writ petition cannot be said to be illegal.      The appeal is accordingly dismissed. No costs .