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ii) Hindi/Sanskrit upto Matric standard."

Petitioner fulfill the said qualifications and accordingly applied for the post of Labour Inspector. Vide the notification dated 15.3.2012, minimum cut-off percentage for the scheduled caste category has been fixed as 63% which has rendered the petitioner ineligible as he does not possess the same, leading to his approaching this Court by way of present writ petition.

It is the contention of the counsel for the petitioner that as per the 1982 Rules, the qualification prescribed is only degree of Bachelor of Arts including Public Administration of a recognised University or its equivalent. It does not specify any division or percentage of marks for being eligible. By fixing the minimum cut-off percentage at this level, the statutory rules stand violated as the petitioner has been rendered ineligible. It has further been contended that to achieve efficiency in service, preference has been given to persons possessing the qualification of Diploma/Degree in Social Welfare and Specialization in Labour Laws. Persons possessing this qualification have been put on a higher pedestal than the persons possessing only the Bachelor's degree of Arts including Public Administration. Petitioner possesses the preferential qualification, for appointment and by prescribing a minimum cut- off percentage on the essential qualification, rule relating to persons possessing preferential qualification has been rendered inoperative and has eliminated the petitioner and other candidates who have a better right of appointment than persons merely possessing Bachelor's degree. The statutory rules can be divided into two parts, first would be possession of the bare minimum qualification i.e. Bachelor's degree and the second would be possessing preferential qualification. Candidates fulfilling the first and second part of the rule cannot be eliminated merely because he does not possess the minimum cut-off marks as has been fixed by the Commission at a subsequent stage. The Commission has not held written test to adjudge the suitability for the purpose of shortlisting. This would violate Articles 14 and 16 of the Constitution of India as the impugned notification is totally irrational, which runs contrary to the objectives sought to be achieved by the statutory service rules. Reliance has been placed by the counsel for the petitioner on the judgments of the Supreme Court in the cases of Government of Andhra Pradesh Vs. P.Dalip Kumar, 1993 (2) SCC 310 and State of Punjab and others Vs. Manjit Singh and others, 2003 (11) SCC 559, in support of their contentions.

I have heard learned counsel for the petitioner and gone through the record of the case.

Perusal of the above statutory rule which prescribes the qualifications for appointment to the post of Labour Inspector would indeed suggest that the basic qualification is a degree of Bachelor of Arts including Public Administration of a recognized University or its equivalent. All persons possessing this qualification are eligible for appointment to the post of Labour Inspector. There is a preference also provided in the qualification when it comes to appointment to the post that is to persons possessing the qualifications of Diploma/Degree in Social Welfare and specialization in Labour Laws. What could spell out from the rules would be that if no person possessing the preferential qualification for appointment is available then persons possessing degree of Bachelor of Arts including Public Administration can be appointed as a Labour Inspector. The basic qualification, thus, for appointment to the post of Labour Inspector would be a degree of Bachelor of Arts including Public Administration.