New Delhi (ILNS): The Supreme Court yesterday rejected a plea that over-qualification cannot be a ground for disqualification and upheld the order to terminate the services of a peon of Punjab National Bank (PNB). The peon had concealed the fact that he was a graduate.
The apex court quashed two orders of the Orissa High Court, wherein the court had asked the bank to allow the peon to continue his services.
The apex court said: “A candidate who hides important information or misinforms cannot claim to remain in service.” It also pointed out the fact that it was clear in the advertisement that the candidate should not be a graduate.
The court said that instead of challenging the qualification, Amit Kumar Das had applied for the job by hiding his qualifications. The apex court said that Das deliberately concealed information about his graduation and hence the high court erred by directing the defendant to continue his work as a peon.
The apex court referred to one of its earlier verdicts, saying that hiding important information and misrepresentation affects the character of the employee and his introduction.
The bench also referred to the fact that the bank had invited applications for the post of peon by advertising in newspapers in which it was clarified that by the date of January 1, 2016, the applicant should have passed class 12 or its equivalent but not a graduate.
The court said that according to the eligibility mentioned in the advertisement, the graduate person was not eligible to apply for this post. The court said that Das had applied for the post of peon, but did not provide information that he had a bachelor’s degree since 2014 and only mentioned that he had passed class 12.
-India Legal Bureau
There must have been someone with just that qualification waiting for the job. That person must be backed by someone in the bank and its system. Otherwise I don’t know why would there be a bar for qualification. Every other place, requirement is for extra qualification. More means more efficiency, knowledge, and ability, but here I am sure some one was in target for the job but he was chosen. If a case is filed challenging the interview and the selection many things will surely come out. Any way God will give a better job for the prepared person. Brother Amir just wait.
Shame of our system.
When a large number of Yong aspirants lives in unemployment and many of them works as temporary employee with under pay salary but working equally with and more efficient than regular employees and the court says in many judgment that these contractual employee can not claim equal salary to that of the regular employees, this another decision that discourages those who wants to study more for a brighter future.
Person with zero qualification and minus qualification (criminal) could become monster, p.m, c.m. but person with hero qualification must be in zero.
This is India.
In a distressing ecobomic scenario, where the education system has failed the aspiringjob seekers..This verdict is surely most unwelcome and bereft of practicality. Integrity..What? Much vaunted Institutes must introspect.
The qualifications helps to identify the candidate whether he is fit or suitable for the post with job discrimination attached to it. If a person is more qualified it does not affect the present job. If he didn’t mention any higher or additional qualifications it in way affect the job. Too much scrutiny is not needed which does not make it alter the present. Having more qualification is not a crime or fatal. It is making an issue with out any issue
A sensible judgement, legally at least, if not sociologically. I don’t understand how the court has narrowed down its vision to only law in this case. Pity india where high qualified will be disqualified and low qualified will be selected, that too, legally. God even cannot save this country.