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TMI Blog1992 (12) TMI 227X X X X Extracts X X X X X X X X Extracts X X X X ..... ants were allotted higher ranks on the basis of merits in comparison to the respondents. Writ Petition filed by some of the candidates was rejected by the High Court on the ground of laches and also for the reason that the selection had to be broad based, A similar petition was filed by the present respondents and it was dismissed by the learned Single Judge which was reversed by the impugned judgment. 3. The question which arises in the present appeal is whether or not candidates who were fully qualified to be appointed as Junior Engineers on the dates of interview, but whose results had not been declared on the dates of submission of their applications were entitled to be considered for appointment to the post of Junior Engineer. If the answer is in the affirmative, the appellants who had become qualified on the dates of interview and had admittedly acquired higher marks in the interview were rightly appointed as Junior Engineers on the basis of their merits and were rightly promoted to the post of Assistant Engineer by reason of seniority in preference to the respondents who were also appointed as Junior Engineers and subsequently promoted, but placed junior to the appellants. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E. (Civil) examination results had been declared on 21.8.1982. The interviews were held on 24.8 1982 and subsequent dates. It cannot also be gainsaid that on 15.7.1982 which was the last date for submission of applications, the B.E. (Civil) examination result in respect of the appellants had not been declared, although they were awaiting their results of the examination conducted earlier. The advertisement notice No. 2 of 1982 dated 9.6.1982 specifically stated: ...The applicants should not be more than 30 years and not less than 18 years of age on the 1st January, 1982 and should possess the qualification as noted against each post.. Attested copies of the following certificates (original to be produced at the time of interview before the State Rectt. Board) should be attached with the application:- (4) Academic/Technical Examination Certificate. Incomplete applications and those not accompanied by the requisite certificates shall not be entertained. 9. Mr. Milon Kumar Banerjee, appearing for the appellants, contends that on the dates of interview the appellants were eligible for being called for interview. Their applications were not liable to be rejected, for they had the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s applicable only to Public Service Commission Candidates and due notice of provisional entertainment of their application, subject to their passing examination before the date of interview, is a requirement peculiar to rule 37 and is not applicable to the present case. 14. If the principle of rule 37 is by analogy applicable, the fact that notice of provisional entertainment of applications, subject to passing of the examination before the date of interview, is a requirement in the interests of candidates who fell within that category. The appellants are by analogy persons of that category, but they have no complaint on any such ground. 15. The fact is that the appellants did pass the examination and were fully qualified for being selected prior to the date of interview. By allowing the appellants to sit for the interview and by their selection on the basis of their comparative merits, the recruiting authority was able to get the best talents available. It was certainly in the public interest that the interview was made as broad based as was possible on the basis of qualification. The reasoning of the learned Single Judge was thus based on sound principle with reference to compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xt of the advertisement dated 9th June, 1982 is extracted below: GOVERNMENT OF JAMMU AND KASHMIR STATE RECRUITMENT BOARD Advertisement Notice No. 2 of 1982 Dated 9.6.1982 Applications are invited on the prescribed form along with a self addressed envelop of 50 paise and one copy of passport size photograph duly attested which should reach the office of the undersigned on or before 16th July, 1982 from the permanent residents of J&K State who are eligible for the posts shown in the annexure to this Notification. The applicants should not be more than 30 years and not less than 18 years of age on the 1st January, 1982 and should possess the qualification as noted against each post. Upper age limit is however, relaxable in the case of those in Govt. service and candidates representing scheduled caste by 5 years and 2 years respectively and in the case of Ex-servicemen upto 45 years. Vacancies shall be reserved for SC candidates where applicable under rules. Attested copies of the following certificates (original to be produced at the lime of interview for the State Rectt. Board) should be attached with the application:- 1. Matriculation/Higher Secondary Elect. Examination. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than 30 years and not less than 18 years of age on 1st January, 1982; and (iv) was possessed of the qualifications as noted against each post. If the notification would have stopped there, probably, much could be said in favour of the appellants but the second part required every candidate to file authenticated copy of the certificate in proof of each of the conditions. The notification further provided that, 'incomplete applications and those not accompanied by the requisite certificates shall not be entertained'. The notification, therefore, provided not, only, the conditions which a candidate was required to possess when applying for the post mentioned in the notification but he was also required to support it with authenticated certificate and if he failed to do so then the application was not liable to be entertained. In legal terminology where something is required to be done and the consequences of failure to do so are also provided then it is known as mandatory. The mandatory character of possessing the requirements as provided in the first part of the notification stands further strengthened from the third and last part of the notification which prohibited the cand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uent embellishment by Government to shield its officers of permitting such candidates who were not qualified cannot be countenanced. The courts should not approve of it as it emanates in unfairness and ends in arbitrariness. Every candidate appearing in the B.E. examination could not have knowledge, as was spelt out by the Government in its affidavit before the High Court, except probably those few who despite clear words of the notification choose to apply may be with knowledge that the interview shall not be held till their results were announced. The language of the notification must have prevented large number of candidates who must have appeared in the B.E. examination from applying as they were not qualified in terms of it whereas others of same group or class stood to gain due to intention of government which was not known to a common man and was put up before the High Court in reply to the writ filed by the respondent. It is not borne out from the record. The appellants, thus, who were not only not qualified and were not entitled to apply and whose applications were not liable to be entertained by this method got an unfair advantage over those who for lack of knowledge of G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the issue involved is if it could be extended by analogy to any selection or competition held by any other body. Unfairness of construing the notification, in the manner suggested, has already been dealt with. Rules are framed under the Statute to carry out the objective of the enactment If the rule making authority goes beyond the power conferred on it the rule is rendered invalid. A rule framed under one Statute, therefore, cannot be invoked for carrying out the objective of another enactment. I have, therefore, grave doubt if rules framed by the Public Service Commission could be utilised for purposes of construing the notification issued by the department of Government which has separate set of rules. 21. Having dealt with legal aspect it is necessary to be stated that it transpired from the records which were produced by the learned Counsel for State of Jammu & Kashmir that a few days before the interview of first batch of candidates was to commence the result of B.E. was announced. Some of the appellants who had applied, even though they were not qualified, approached the Secretary in the department concerned to direct the Board to interview them as they were qualified now ..... 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