Abhay Kumar Singh Yadav vs The Union of India (UOI) and Others

This is too petty a matter that the Union of India or, for that matter, the Central Reserve Police Force should take issues with a constable who has already been recruited and has been given training to unsuit him on a qualification which was not indicated to him at the time when he applied for a job.

There is no allegation against the constable.

In pursuance of an advertisement published in the news papers on 5 November, 2000 recruitment was solicited by the Central Reserve Police Force for the vacancies indicated in the advertisement. The qualification condition was indicated thus : "Nyuntam Yogyata Matriculation Aur Samkasha Pariksha Uttirn". An English translation will read as "minimum qualification, matriculation or its equivalent.

It needs to be said straightaway that this constable virtually lost his job as fresh as he had been recruited and virtually at the close of his training on the ground that he had not passed his minimum matriculation examination with English. Virtually a new condition was being indicated to the constable.

This constable had passed his matriculation examination or the equivalent to it, from Purva Madhama Examination conducted by Sampurnanand Sanskrit Vishwavidylay, Varanasi, Uttar Pradesh. He possessed the minimum qualification. It is nobody''s case that his qualification is not equivalent to High School. It is accepted that Purva Madhama Examination conducted by Sampurnanand Sanskrit Vishwavidyalay, Uttar Pradesh is equivalent to matriculation.

It was no sin of this constable that he did not have proficiency in English. It is not that he did not have the subject English as in the syllabus, but he did not succeed in this particular subject. In other words, he was not proficient in English.

In the facts and circumstances of this case, at the stage of a base recruitment in the Central Reserve Police Force as a constable the only aspect which is required is a minimum qualification as High School or its equivalent. This the constable possesses.

To unsuit this constable, the Appellant Abhay Kumar Singh Yadav, on the ground that he was not proficient in English was not a condition precedent in the advertisement by which applications were invited.

That the Central Reserve Police Force would like to become wiser in future is another matter. But the candidature of the Petitioner Appellant cannot be cancelled as he had applied in keeping with the parameters of the advertisement.

This Letters Patent Appeal succeeds. The aspects noticed by this Court are not matters which were taken up for consideration in the decision of the writ petition. Thus, the judgment and order on the writ petition dated 6 May, 2003 are set aside.

Allowed with costs.