29 January 2008
Supreme Court
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R. LEELA BHAI Vs K.R. VALSALA DEVI .

Case number: C.A. No.-006734-006734 / 2003
Diary number: 18639 / 2002
Advocates: LAWYER S KNIT & CO Vs A. RAGHUNATH


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CASE NO.: Appeal (civil)  6734 of 2003

PETITIONER: R. LEELA BHAI

RESPONDENT: K.R. VALSALA DEVI & ORS

DATE OF JUDGMENT: 29/01/2008

BENCH: H.K. SEMA & MARKANDEY KATJU

JUDGMENT: JUDGMENT

O R D E R

CIVIL APPEAL NO.6734 OF 2003 WITH  C.A.No.4181/2006 AND C.A. NOS.917,916 and 915 of 2008 ARISING OUT OF  SLP(C) NOS.25202/2005, 5723/2006 AND 2703/2007

C.A.Nos.6734/2003 and 4181/2006          Having heard the learned counsel for the appellants at great length, we see no  reason to interfere. The appeals  being devoid of merit are accordingly dismissed. Civil Appeal Nos.917, 916 and 915 of 2008 SLP(C)Nos.25202/2005, 5723/2006 and 2703/2007         Leave granted.         Heard the learned counsel for the appellants at great length.  The appellant has  challenged the advertisement dated 26.10.1999 before the High Court. The learned  Single Judge dismissed the petition on the ground of laches.  The appeal before the  Division Bench of the High Court  met with the same fate. Hence these appeals.         In the advertisement the qualification prescribed for the post of Cashier-cum- Clerk in the District Co-operative Societies is B.A./B.Sc./B.Com with HDC or JDC  or C.Com with Co-operation or B.Sc. (Co-operation and Banking) of the Kerala  Agricultural University.  It is the contention  of  the  counsel  that  in the relevant  service

                       : 2 : rules the qualification prescribed  is S.S.L.C. with J.D.C. and three years experience   in the affiliated Primary Co-operative Society. According to the counsel the  qualification prescribed in the Advertisement is contrary to the qualification  prescribed in the service rules and discriminatory.          We see no substance in the contention. Since, the advertisement has been issued  for all the candidates, we do not see any substance  in the contention of the appellant  that he has been thereby discriminated.  We see nothing wrong in prescribing higher  qualification in the advertisement.          These appeals being devoid of merit are accordingly dismissed.