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J U D G M E N T Lokeshwar Singh Panta, J.

The present appeal is filed against the judgment and order dated 27.09.2000 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No.13280- CAT/2000. By the said order, the High Court confirmed the order recorded by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short "the CAT") in O.A. No. 171 HR/2000.

Briefly stated the facts giving rise to the filing of this appeal are thus:

The Government of India, Ministry of Communications, Department of Posts, respondent No. 1 herein, vide Circular dated 12.03.1993 revised the educational qualifications for recruitment to various posts including the post of Extra Departmental Delivery Agent (for short "EDDA"). As per the said Circular, the minimum educational qualification for the post of EDDA, etc. should be 8th standard pass and preference has to be given to the candidates with Matriculation qualification. However, no preference should be given for any qualification higher than Matriculation. According to the appellant, the Directorate of Post Offices issued a letter No.19-17/97-ED & Trg. dated 21.11.1997 to the Chief Post Master General (CPMG), HR Circle Ambala, whereby the Department had decided that the merit of candidates for selection of EDDAs should be prepared on the basis of the marks obtained in preferential qualification (i.e. Matriculation) if such candidates are available, otherwise on the basis of the essential qualification, viz. 8th standard. The Assistant Superintendent of Post Offices, North Sub- Division, Kurukshetra-respondent No.3 herein, in compliance to the letter of Superintendent of Post Offices, Kurukshetra Dn. 136118 dated 30.07.1998 notified one post of EDDA to the Employment Exchange in May 1999. In response thereto, the Employment Exchange forwarded the names of some candidates including the names of the appellant and Dharam Pal, respondent No.4 herein. The vacancy was also notified through public advertisement. In all, 20 candidates applied for the post.

The case of the appellant is that he qualified his Matriculation examination from the Board of School Education, Haryana, in the year 1987 by securing 503 marks out of 900 (i.e. 55.8%). The appellant also qualified Senior Secondary Examination in the year 1991 from the Board of School Education, Haryana. It is stated that respondent No.4 had secured 41% marks in the Matriculation examination. In view of the Guidelines/Norms/Instructions issued by respondent No.1, the merit of the candidates for the post of EDDA has been prepared on the basis of marks obtained in the preferential qualifications, viz. Matriculation, and the Selection Committee selected and appointed the appellant against the post of EDDA on the basis of merit. Respondent No.4 challenged the appointment of the appellant herein before the CAT, Chandigarh Bench, Chandigarh, inter alia on the ground that as per the Circular, the minimum qualification was 8th standard and as he has secured more marks in 8th standard than the appellant, the appellant could not have been selected on the basis of preferential qualification for the post in question. The appellant and the Department contested the claim of respondent No.4 before the CAT in their separate counter affidavits. The CAT quashed the appointment of the appellant to the post of EDDA vide order dated 24.08.2000 and directed the respondent-Department to hold a fresh selection in accordance with law.

(iv) of Clause 2 of those Guidelines/Norms/Instructions prescribes that the minimum educational qualifications for ED Delivery Agents, ED Stamp Vendors and other categories of ED should be 8th standard. Preference may be given to the candidates with Matriculation qualification. However, it is specified that no preference should be given for any qualification higher than Matriculation. It appears from the record that the Directorate, Post Offices, vide another Circular No.19-17/97-ED & Trg. dated 21.11.1997, has decided that the merit of candidates for selection to the post of EDDA should be on the basis of the marks obtained in preferential qualification (i.e. Matriculation) if such candidates are available, otherwise on the basis of the essential qualification, viz. 8th standard.

These Guidelines/Norms/Instructions clearly stipulate that if the candidates, who have passed Matriculation examination, are available for selection to the posts of EDDA, the selection should be made by the Selection Committee on the basis of the marks obtained by the candidates in preferential qualification (i.e. Matriculation) and in the absence of Matriculate candidates, the selection has to be made on the basis of essential qualification, viz. 8th standard. It appears that the CAT as well as the High Court, both have lost sight of the object and import of the Guidelines/Norms/Instructions dated 21.07.1998 laid down by a Competent Authority. The CAT is not competent to lay down criteria for the selection and appointment to the post of EDDA. It is the prerogative and authority of the employer to lay down suitable service conditions to the respective posts. In our view, in service jurisprudence the prescription of preferential qualification not only refers to numeric superiority but is essentially related to better mental capacity, ability and maturity to shoulder the responsibilities, which are entrusted to the candidates after their selection to a particular post. All the more, it is important for efficient and effective administration. The basic object of prescribing a minimum qualification is to put a cut off level for a particular job in accordance with the minimum competency required for the performance of that job. The object of prescribing preferential qualification is to select the best amongst the better candidates who possess more competence than the others. Sub-clause (iv) of Clause 2 puts a limit with respect to preferential qualification by way of a clear stipulation that no preference should be given to the qualification above Matriculation. Hence, the preferential qualification was considered to be more effective and efficient and also it was a clear assumption that a candidate possessing the same is best suited for the post in question.